Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 01 August 2014), October 1753 (17531024).

Old Bailey Proceedings, 24th October 1753.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON; And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 24th, Thursday the 25th, Friday the 26th, Saturday the 27th, Monday the 29th, and Tuesday the 30th of October,

In the 27th Year of His MAJESTY's Reign, BEING THE Eighth SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VIII.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1753.

[Price Four-Pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

BEFORE the Right Honourable Sir CRISP GASCOYNE, Knt. Lord-Mayor of the City of London, the Right Hon. the Lord Chief Justice WILLES *, the Hon. Mr. Baron LEGGE +, WILLIAM MORETON , Esq: ++, Recorder, and others of His Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Goal-Delivery of Newgate, holden for the said City and County of Middlesex.

N. B. * + ++ direct to the Judge before whom the Prisoner was tried, L.M. by which Jury.

London Jury.

William King ,

James Tomlyn ,

Thomas Sibley ,

Nathaniel Meakins ,

Matthew Sharp ,

John Chettle ,

William Box ,

James Adams ,

Francis Nevill ,

Thomas Jennings ,

Thomas Cooper ,

Abraham Atterbury .

Middlesex Jury.

Richard Mount ,

Christopher Jackson ,

John Man ,

Thomas Clarke ,

Thomas Layton ,

John Bartholamew ,

John Smith ,

Joshua Woodcock ,

Charles Mills ,

John Burrell ,

William Jones ,

Thomas Linell .

439. (L.) John Wood , was indicted for breaking and entering the dwelling-house of Lydia Cole , widow , on the 5th of September , about the hour of two in the night, on the same day, with an intent the goods of the said Lydia to steal, and for stealing three silver tea spoons, val. 3 s. one copper tea kettle, val. 5 s. one copper saucepan, val. 5 s. the goods of the said Lydia . ++

There was no evidence against the prisoner, except what Edward Johnson had said when he was taken and tried for the same fact, who is since executed, which was, that one John Wood was in company with him in the Action, &c. he was Acq .

See his trial No. 429, in last paper.

440. (M.) Ann Bunion , spinster, was indicted for stealing three linnen shirts, val. 3 s. one linlin shift, val. 1 s. seven linnen handkerchiefs, val. 1 s. one muslin handkerchief, val. 1 s. three check aprons, val. 1 s. one beaver hat, val. 1 s. one linnen handkerchief, val. 4 d. two silver tea spoons, val. 2 s. one cloth cloak, val. 1 s. three pair of worsted stockings, val. 1 s. four pewter plates, val. 1 s. the goods of Richard Mitchel , Oct.10

Richard Mitchel . The prisoner had been my servant a fortnight and three days from the 1st of October to the 19th at night. I was in bed, and my other servants were milking, the prisoner was in the house to take care of that. The watchman call'd me up, having stopp'd the prisoner with the goods mentioned in the indictment (mentioning them by name ) upon her, I can only say they are my property, he can give a farther account.

John Stephens . I am a watchman in St. George Hanover-square Parish; last Friday morning, just as I called the hour four, I saw the prisoner go by drest in a linnen night gown; I thought there goes a butterfly, so I went out of my box, she had lost her way amongst some timber and met me. I asked her where she was going; she said she wanted to go to the turnpike to meet a waggon to carry her goods down to Edgar ; she had a box on her head, and an apron full besides. I suspected she had ran away from her service by seeing her tremble, so I said you shall go back along with me; she said, she lived with Mr. Mitchel in North Audley-street, I took her there, and in going along she made an attempt to run away, but I laid down the box, which I had taken from her, at a door, and ran and secured her. After I had secured her in the prisoner's kitchen, I went and fetch'd the box, which was lock'd, and they open'd it in my presence, in which and in her apron they found the goods mentioned by the prosecutor, which he said were his.

Jonathan Clare . I was present when the box was open'd, the prosecutor said the goods were his property.

The prisoner had nothing to say in her defence, nor called any witnesses.

Guilty .

[Transportation. See summary.]

441, 442. (M) John Evans and William Holt , were indicted for stealing two ducks, value 2 s. and one turkey, val. 3 s. the property of George Shakespear . Sept. 16 .

George Shakespear. I live at Knights bridge , I lost the two ducks and turkey mentioned from out of my ground, and they were found upon the prisoner Holt.

Robert Spike . I am gardener to the duke of Rutland, at his house at Knights bridge, on the 17th of September one John Levit informed me there were three men stealing Mr. Shakespear's sowls in a field next to ours, I took a gun and we pursued and took the two prisoners, Holt had two ducks and a turkey in his pocket, which Mr. Shakespear own'd.

John Levit . I work under the last witness at the duke of Rutland's; on the 17th of Sept. about noon, I heard a turkey cry out in the prosecutor's grounds, I went to see, and heard some people whisper, I imagined it to be some of Mr. Shakespear's people, so I went to my work again; then I saw a man stand upon a mount in that field, I looked hard at him, and he seem'd in a surprize; then I saw Holt look up at me, but the other man gave him a signal not to come in sight yet. Then I went and call'd the other witness, and we pursued, there were three men of them, they all ran together, he that stood on the watch got away, I saw something hang from him like a turkey. The prosecutor lost two turkeys, but did not lay the other in the indictment. We took Holt in a ditch, and Evans surrendered. Holt had the two ducks and turkey about him.

Evan's Defence.

I was only walking along the fields, and did not know what the men were upon, nor was in their company, I had no hand in it, the people call'd to me and I surrendered.

Holt's Defence.

I did not take the fowls, they were given to me by the other man that ran away, whose name is John Lomax .

Evans Acquitted .

Holt Guilty .

[Transportation. See summary.]

443. (M.) Mary Lay , spinster, was indicted for stealing two pair of thread stockings, val. 4 d. two check aprons, two linnen caps, and one ivory comb , the Goods of Bartholomew Eliot , Oct. 3 .*

Acquitted .

444. (M.) Thomas Bickerton , was indicted for stealing one stuff gown, val. 2 s. one stuff jacket, val. 1 s. the property of Elisha Oliver , one stuff body belonging to a sack, val. 1 s. and one lining of a gown, val. 1 s. the property of Elizabeth Terry , one cloth cloak, val. 1 s. and one silk handkerchief , the property of Elizabeth Isaacs , widow, Oct. 13 *

Elizabeth Isaacs. I live in Russel-street, Covent-garden, and am a mantua-maker ; on the 13th of this Instant, between six and seven o'clock, I had these goods mentioned tied up in the handkerchief, I went into Mrs. Brunett's shop in Gerrard-street , and laid down my bundle, which I saw a man take, but cannot say who it was; in about five minutes the prisoner was taken and brought back, and the bundle found on the ground near the place where he was taken. The Goods produc'd in Court.

Jane Brunett . The prosecutrix came into my shop and set her bundle down, I was facing it, and saw the prisoner take it and run away, we call'd out, and he was soon taken, and the parcel brought back.

Alexander Chambers . I was coming along, and hearing the cry, Stop thief! I saw the prisoner running, and I stopp'd him. I did not see the bundle in his possession, it was found near where I stopp'd him.

Thomas Parker . I am apprentice to Mr. Brunett, I saw the prisoner leaning over the rails looking into our shop, just before the goods were taken away. I went up stairs, and in the mean time the things were taken away.

Guilty 10 d.

[Transportation. See summary.]

445. (M.) Mary Hanford , spinster, was indicted for stealing one camblet gown, one pair of leather pumps, one check apron and one horsehair hat , the goods of Sarah Judson , spinster, Sept. 11 .*

Guilty .

[Whipping. See summary.]

446. (M.) Mary, wife of John Thomas , was indicted for stealing thirteen yards of printed linnen cloth , val. 30 s. the goods of John Steward , privately in the shop of the said John , Oct. 3 .*

John Steward. I am a linnen-draper , and live in New Bond-street , the prisoner came into my shop towards dusk on the 3d of October, and wanted to buy a frock for her child; she look'd at several things, and said she wanted for another woman to come to pay for what she bought. As she was going out at the door I saw something under her cloak, I went out after her and took up her cloak, and found it to be a piece of linnen that I had just before taken out of the window, my property; she said she had bought it at another shop higher up, I took her into the shop. where she fell on her knees, and said it was her first offence and begg'd I'd let her go.

The prisoner had nothing to say, nor call'd any witness.

Guilty 4 s. 10 d .

[Transportation. See summary.]

447, 448. (M.) John Maine and Margaret his wife , were indicted for stealing one feather bed, val. 10 s. one bolstor, val. 2 s. one bed quilt, one linnen sheet, one blue harrateen bed curtain, val. 1 s. the Goods of Jethroh Vaeker , in a certain lodging room let by contract , to be used by the said John and Margaret, Sept. 8 .*

John Guilty , Margaret, Acq .

[Transportation. See summary.]

449. (L.) Joseph Cooper , was indicted for stealing one brown cloth coat, val. 42 s. the property of Samuel Steff , Sept. 28 .*

Guilty .

[Transportation. See summary.]

450. (M.) Richard Atkinson , was indicted for stealing two brass hinges , val. 1 s. and one pound and a half of brass, val. 1 s. the goods of Thomas Fairchild , Sept 2 .*

Guilty .

[Transportation. See summary.]

452. (L.) Alice Mc Daniel , was indicted for stealing one pair of stays, val. 11 s. the property of James Cook , Oct. 16.

No evidence appearing she was acquitted .

453. (L.) Edward Painter , was indicted for stealing two pair of brass candlesticks, val. 9 s. one pair of snuffers, and two pounds weight of copper , the goods of Jasper Spencer .*

Guilty 4 s. 10 d .

[Transportation. See summary.]

454. (M.) Samuel Sidaway , was indicted for stealing seven guineas, the money of John Richardson , in the dwelling-house of the said John , Oct. 15 .*

John Barber . I am servant to Mr. Richardson, he is an agent , and lives in Downing-street, Westminster : the prisoner was servant to my master likewise, and lay in the same room that I do; on the 15th of October we missed seven guineas out of the desk in the Office.

Q. Who kept the key of that desk ?

Barber. I did, we having miss'd money since the prisoner was with us, I suspected him, so we took him up, and before justice Ledland, there he confessed he took the seven guineas out of the desk the night before.

Q. Was the desk lock'd over night ?

Barber. It was, and the key was in my pocket; he confessed he took the key out of my pocket when I was asleep, and opened the desk and took the seven guineas out, and lock'd the desk and put it in my pocket again.

Q. Was there any more money in the desk at the time?

Barber. There was one hundred and six pounds, sixteen shillings and ten-pence in it, the prisoner delivered back the money again.

Q. Is this office part of the dwelling-house?

Barber. It is.

The prisoner had nothing to say, and called no witnesses.

Guilty 39 s.

[Transportation. See summary.]

455. (M.) William Reice , was indicted for receiving part of the goods stolen by Jane Brooks, widow, May 20, the property of William Oxom , well knowing the same to have been stolen .

It appeared on the trial of Jane Brooks that Reice had bought of her a silk capuchine, two yards and a quarter of blue sattin, two childrens caps and two little shirts, part of the goods mentioned to have been stolen, by Brooks, who was convicted and transported for the same, and that Reice, by reading the advertisement of the things being stolen, apprehended the prisoner Brooks the next time she came.

The Record of her Conviction was read in Court, after which the prosecutor's wife deposed, she had not known of the goods, nor where to have found Brooks, had not Reice stopped her, and came to her and informed her of them.

See the former trial No. 284, in this mayoralty.

The prisoner said he bought the goods mentioned of Brooks on the Thursday, read the advertisement on the Saturday, and took her up on the Monday, being the 28th of May.

He was honourably Acq .

456. (M.) Sarah Darby , widow, was indicted for stealing one silver tankard, val. 6 l. the property of Robert Jeffereys , in the dwelling-house of the said Robert , Sept. 29 . ++

Robert Jeffereys . I live in Hemlock-court, Temple Bar , and keep a publick-house , the prisoner and another young woman used to meet a young man sometimes at my house: on the 29th of September, about four in the afternoon, there were only two gentlemen at my house, and the prisoner, who call'd for a three half-penny glass of brandy, and said she expected she should be at my house again at seven in the evening; after she was gone I missed a silver tankard from out of that room where she was.

Q. When had you seen that tankard lost ?

Jeffereys. I am positive it was in the room at one o'clock that afternoon.

Q. What time did she come to your house?

Jeffereys. She came between twelve and one, and staid till three. I suspected the prisoner, but did not know where to find her; on Sunday was se'nnight the other young woman came that used to meet her, I kept her till she told me where to find the prisoner, which she said was at her mother's in Magpye-alley, Fetter-lane. I went and enquired for her, they denied her, but as the young woman had told me she was then at home, I insisted on seeing her, and went up stairs and found her concealed amongst some curtains to a turn-up bed. I asked her why she hid herself, she said she heard my voice and was afraid of me. She desired to talk with me by myself, so I went with her into her own room, where she said she hoped I would be merciful unto her; I said I would as much as I could. Then she said the tankard was at a pawnbroker's in Cursiter-street. I took her before alderman Bethell at Guild-hall, who granted a search-warrant to search the pawnbroker's house. We went there, and she asked for the tankard she had pawned in the name of Sarah Robertson , (the name she went by) and it was produced. Produced in court and deposed to.

Thomas Marsh . I am a pawnbroker, the prisoner and a gentleman came together, and I delivered a tankard to them, but I am not sure this is the tankard, I believe it is it. The tankard I delivered I had of the prisoner at the bar; she had other things out at the same time, which was Sept. 29.

Prosecutor. I advertised this tankard several times between the 29th of Sept. and the time I met with it again, and describ'd it.

Q. to Marsh. Did you not read the advertisement while you had it in your custody?

Marsh. Indeed I did not.

Q. Don't you usually read the advertisements in the papers.

Marsh. I generally do, but I don't remember seeing this advertisement.

Q. What did you lend her upon it?

Marsh. I lent her four guineas and a half upon it.

Q. Don't you remember the letters on the handle ?

Marsh. I believe this is the tankard here produc'd.

Q. Do you know the weight of it?

Marsh. It weigh'd twenty-one ounces and odd penny weights.

Prosecutor. This weighs twenty-one ounces fifteen penny weights.

The prisoner had nothing to say.

For the Prisoner.

Mr. Martingale. I knew the prisoner's father and her from a child; she was well brought up, but debauched by her father's apprentice, who is a very bad man, and I think necessity was the cause of her committing this action.

Guilty 39 s.

[Branding. See summary.]

457. (L.) Thomas Ireland , was indicted for stealing nine pounds weight of sugar, val. 2 s. the property of Daniel Rolt , Sept, 8 .

Guilty 10 d.

[Transportation. See summary.]

458. (L.) Sabati Israel , was indicted for stealing one cotton handkerchief , val. 10 d. the property of Jeremiah Freeman , Sept. 13 .

Jeremiah Freeman , Returning from 'Change about a Quarter after two o'clock, on the 13th of September, one Capt. Castleton told me, he beliv'd I had lost my handkerchief, shewing me one; I said it was mine. He then shewed me the prisoner, and said, he took it out of the prisoner's hand, he is not here, being then going abroad ; so I seized the prisoner, and took him before my Lord-Mayor.

Dineley Wardman. I was upon 'Change and saw the prisoner pick Mr. Freeman's pocket of this handkerchief, and Capt. Castleton took it out of his hand and delivered it to Mr. Freeman again.

The prisoner had nothing to say.

Guilty .

[Transportation. See summary.]

459, 460. (L.) James Bridges and Alexander Bisset , were indicted for stealing one saddle, value 5 s. and one bridle, val. 3 s. the goods of James Davison .

Dec, 17

James Davison . I live in St. James's, and was out of town when the things mentioned in the indictment were taken away. I was informed they were at a broker's, who had advertised them, so I went and found them to be my property. The saddle and bridle produced in court, with a girth, sursingle, and saddle cloth, all which the prosecutor deposed to.

Joseph Winter . I am a broker, the prisoner Bridges brought the saddle and bridle to me to sell, on the 17th of September; he agreed to take 3 s. 6 d. for them. I said, if he came honestly by them I would have them, but by the price I suspected him; I stopped them, and charged a constable with him, who carried him before an alderman, and he sent him to the compter. After this I was informed by the landlord at next door to me, that there was the prisoner's partner, so I went and there was the prisoner Bisset, with the other things here produced; he said they were what he used to wrap himself up in when he was in Newgate.

Prosecutor. The prisoners both own'd the fact before my Lord-Mayor.

James Haile . I look after Mr. Davison's horse, and know these things here produced to be his property, all was fast at the stable over night, in the morning a casement was taken down, and an iron wrenched out that went across. Bridges confessed to me he stole the things, and also a leather apron of mine, which is missing, and sold it.

Bridges's Defence.

I found the saddle and the bridle in a sack in Leicester Fields, on the Monday morning about seven o'clock, I did not know how to advertise them, so I offered them to this man to sell.

Both Guilty .

[Transportation. See summary.]

461. (L.) James Parkinson , was indicted for stealing one linnen handkerchief, val. 6 d. the property of James Overel , Sept. 27 . ++

James Overel . I live in Heydon-square in the Minories, on Thursday the 27th of Sept. about half an hour after six o'clock, returning home, just by the postern in Aldgate , I stood still in a pause whether I should call on an acquaintance or not, a person came and said, Sir, your pocket is pick'd of a handkerchief by that man, pointing to the prisoner. I put my hand in my pocket and missed it, the prisoner made an offer to run away, I took him with the assistance of another person that met him, and brought him to the place where the person said my pocket was pick'd, there lay my handkerchief on the ground. The handkerchief produc'd in Court and deposed to.

Q. Where is that person that inform'd you of it?

Overal. His name is Millet, he went to Ireland the next day, and is not return'd.

Thomas Walker . I was coming down by the end of Shoemaker-Row, at this time the prosecutor had made a stop; the prisoner was there and another man with him ; a gentleman in blue said, Sir, your pocket is pick'd of your handkerchief, and by that man, pointing to the prisoner. I was within two or three yards of them, and saw the prisoner drop the handkerchief, then he ran, but the gentleman brought him back, and pick'd up the handkerchief, while he had hold on the prisoner's arm.

Prisoner's Defence.

That gentleman that is gone to sea, said, he could not tell whether it was I or not that pick'd it out of the pocket.

Guilty .

[Transportation. See summary.]

462. (L.) James Gray , was indicted for stealing one silk handkerchief, val. 1 s. 6 d. the property of John McPhearson , privately from his person , Oct. 22 .*

John McPhearson. I live in Philadelphia in Pensylvania, and at present lodge near the Hermitage ; on the 22d of this Instant, about twelve of the clock, I was upon 'Change, and hearing a noise went to see what was the matter, I heard the people call out a pickpocket, and saw some people engaged with the prisoner at the bar. I believe he had many of his friends there, it was as much as the people could do to hold him. I got hold on him and received several blows; however we at last tied his hands, and then some gentlemen proposed searching him. I was one that searched his pockets, and saw, among many others, a handkerchief come out of his pocket, which I thought was my own, I felt and found mine gone, then I look'd at that handkerchief and found it was mine; it is a silk India handkerchief of the best sort.

Q. When had you seen it before?

McPhearson. I had seen it the day before.

Q. Where had you been that day you lost it?

McPhearson. I had been chiefly that day on 'Change; then I tied my handkerchief about his neck, and took him before a magistrate.

James McCulloch . On Monday last, about two o'clock, I was on 'Change, and seeing a mob, I ran towards the people. I heard the people say, take the fellow and duck him, so I laid hold on him, and received a blow from some by-stander that drew blood on both my hands; he was searched and ten or twelve handkerchiefs I believe were taken out of his pocket. The gentlemen got hold on them, one said this is mine, another this is mine, and took them and went their way. When they talk'd of ducking the prisoner, he desired they would save his life, for this was the first fact he had committed. This he spoke on the open 'Change.

The prisoner had nothing to say, nor call'd any witness.

Acq .

463. (L.) George Mullings , was indicted for that he, on the King's highway, on Joseph Broad did make an assault, putting him in corporal fear and danger of his life, and stealing one linnen pillowbier, twenty-eight yards of linnen cloth, one linnen waistcoat, one grey coat, two silk bags, one pair of velvet breeches, one linnen handkerchief, and one pair of linnen drawers , Aug. 11 .

No evidence appearing he was Acquitted .

464. (L) Sarah wife of John Dyston , was indicted for stealing a pair of sheets, val. 2 s. 6 d. two pillowbiers, one diaper table cloth, a silver tea spoon, the goods of James Jolley , in a certain lodging room let by contract, &c. Sept. 5 .

++ Acq .

465. (M) William Whaley , was indicted for that he on the King's highway, on John Coultis did make an assault, putting him in corporal fear and danger of his life , and stealing from him one hat, val. 2 s. his property, Oct. 14 . +

John Coultis . I live in Chequer-Alley, White-cross-street, I was coming from a friend's house home at one in the morning, on the 14th of Oct. along Whitecross street , the prisoner came and took my hat off my head.

Q. Did he say any thing to you before he took it ?

Coultis. No, he did not; he ran away, and I after him to a packthread ground, where he stopp'd and swore he'd not give it me, and that he'd knock me down if I offered to touch it, he had it on his head, and his own in his hand at the time, I saw him put it on his head. Then I went to my friend's house again, and told them I had lost my hat. The prisoner was taken up, and he own'd before the justice where he had sold it for 1 s. 6 d.

Q. Was he taken up on this account ?

Coultis. No, he was not; he was taken up last Thursday night, for stealing some beef out of a shop that very night that he took the hat.

Q. Had you any knowledge of the prisoner before?

Coultis. I had seen him but once before.

Q. Was it a moon-light night?

Coultis. I believe it was not, it was star-light, a very light night.

Q. Did you not endeavour to take him up in that time ?

Coultis. I could not, he had made an information against me, so I was forc'd to keep out of the way.

Q. How came you to know he had made an information against you?

Coultis. Mr. Ward told me that he had against me and three more for, stealing this beef, and there was a warrant granted against us.

Q. Who were the three persons?

Coultis. Samuel Cherry , Richard Clark , and George Smith .

Q. Had he mentioned your name?

Coultis. Yes, he had, we were all in the house together, and the prisoner took the beef, and went out half an hour before any of us, and when we were going home, we missed him. That was the very first time I ever saw him.

Q. Have you got your hat again?

Coultis. No, I have not.

Q. Did you ever charge him with stealing your hat till after he had charg'd you with stealing the beef?

Coultis. No, I did not.

Francis Cotton . I live in Whitecross-street, my wife deals in old cloaths, I am a Marshalsea officer, and collect rents for 'squire Jenkenson, and keep his accounts to this day.

Q. Where does he live?

Cotton. He lives at Clerkenwell, I settle his books for him.

Q. How often in a week are you employ'd in that?

Cotton. Two days in a week.

Q. What have you per day for it?

Cotton. He pays me after the rate of half a crown a day. The prisoner came to my house last sunday was se'nnight; I have known him four years.

Q. What time of the day did he come to your house ?

Cotton. He came between the hours of one and two in the day; he brought with him part of a buttock of beef, and asked me if I would buy it, I said no; then he asked me if I would buy any wipes.

Q. What are wipes?

Coultis. They are what are commonly called handkerchiefs : I said I will buy nothing of you; then he offered a hat to me, but I told him I would have nothing to do with him.

Q. What was that hat worth?

Cotton. It was worth about 2 s.

Samuel Goodyer . I live in Beach-lane and keep a cook's shop, the prosecutor came to me on a Sunday morning, about eight or nine o'clock, he told me he had lost his hat; I asked him if he knew the man that took it ; he said yes, very well, it was one William Whaley , whose father keeps a shop in Featherstone-street, he had been at our house the night before, and so had the prisoner, who went out some time before Coultis, I saw the prisoner at the Rose and Crown, in Bunhill-Row, there before several people he pretended to make a sort of an information, that he had stole my beef, and that he had taken the man's hat; and swore many bad oaths that he never should have it again, and that he had sold it for 1 s. 6 d.

Q. When was this?

Goodyer. This was on Friday morning last, there he made information against four persons, Richard Clark , William Smith , Samuel Cherry , and John Coultis .

Q. Is that of stealing Coultis's in the information ?

Goodyer. It is, and he sign'd it.

The prisoner had nothing to say.

Acq.

The prosecutor was taken into custody, upon an information against him, before my Lord-Mayor.

(L.). He was a second time indicted for stealing twenty-four pounds of, val. s. and two brass candlesticks, val. 2 s. the goods of Samuel Goodyer , and one linnen apron, val. 2 s. and one linnen cap. value 12 d. the goods of Mary Ann Simpson , Oct. 8. ++

Goodyer deposed, there were the prisoner, Coultis, Samuel Cherry , and another person he did not know, at his house, who supp'd on two fowls he dressed for them: that the prisoner went out first, unknown to them or any of his family, after which he missed the beef, and two candlesticks, before the other three went out. The prisoner was taken up by Cotton, that he confessed stealing the goods mentioned: The linnen was the property of the prosecutor's servant.

Cotton was on his recognizance, but did not appear, which was ordered to be estrcated.

Mary Hawksworth deposed, that she bought about fifteen or sixteen pounds of beef of the prisoner at the bar, part of a buttock boil'd, on the day after the prosecutor lost it, describ'd by the stuffing, as the prosecutor had before.

The prisoner in his defence said, they stayed and played at cards, and drank plentifully, being late, they could not get into their lodgings, they all concluded to go a fishing; and that the prosecutor gave them the beef to eat the while, Clark took it up and gave it him, and he carried it away.

Guilty .

[Transportation. See summary.]

466. (M.) Charles Clendon , was indicted for stealing one cloth coat, val. 5 s. one cloth waistcoat, val. 2 s. five linnen shirts, one fustian frock, and one silk waistcoat , the goods of Abel Pain , Sept. 26 .*

Abel Pain . I live servant with the earl of Scarborough in Grosvenor-square, the prisoner work'd in the stables , I sent him on the 26th of Sept. to the rax at Hungerford-market, to fetch a box with the goods mentioned in it ; he went but return'd no more. I advertised the things and man, and the box was brought to the place mentioned, and all the things in it, except one shirt, which the prisoner had on when taken.

John Leevas . I am beedle of St. Martin in the Fields, I had an information that there was a man in a cellar that had been advertised, I went and took him, it was the prisoner, he confess'd he had taken away the things and sold them for twenty-five shillings. I went to my lord Scarborough's to the prosecutor. We took the prisoner before justice Fielding, there the prosecutor own'd the shirt he had on his back, which was taken off. The box and goods produc'd in court, and deposed to by the prosecutor.

John Lees . This box, and the things in it, except the shirt the prisoner had on, was sent to me by Mr. Frost.

Mr. Frost. I carried the prisoner and the box of things in my coach; he said, he had been abroad, and that the things were his property, and he wanted to dispose of them. I bought them of him for 30 s. 6 d. coach-hire and all.

The prisoner had nothing to say in his defence

Guilty .

[Transportation. See summary.]

467. (M.) George Darwent was indicted for that he on the King's highway, on Joseph Howard , did make an assault, putting him in corporal fear and danger of his life, one hat, val. 7 s. and one peruke, val. 5 s. the property of the said Joseph, did steal, take and carry away, October 3 .*

Joseph Howard . I live in Throgmorton-street, on Wednesday the 3d of October, about half an hour after 11 at night, I had supp'd with my father; there was a lady there, which I and my brother went to see home, and in my return, I met the prisoner at the bar in Parliament-street , Westminster ; he was stooping upon the ground, I said, friend, go along before me, I love to see my enemies before me, for I do not like you at all. He went on before, and when he had got about 200 yards, he then turn'd about, and said, now d - n your eyes I will do for you, upon which I struck him with my fist, he staggered from me, I then knock'd him down with my stick, he got up, and knock'd me down with his fist, I then called to my brother, and said, if you don't fight now I shall be kill'd, for this man is too much for me; he came, and struck him with his stick; he then thought we were too powerful for him, so he run away, and took my hat and wig with him. He dropp'd the wig about twenty yards off, and took my hat to Privy-garden-gate; I followed him, and took him hold on the collar, and there was a Plaisterer's man coming along, and a watchman, so we took him, and carry'd him to Justice Lediard, he was not at home, we then took him to St. Martin's round-house, there he charged the watch with me, as well as I did with him. I sent for a Gentleman, who said he would be answerable for my appearance the next day. We went the next day before the Justice, there the Prisoner said, there was two gentlemen fighting, and he found the hat, and was coming to bring it to me.

Q. During the time you say he had the better of you, did he attempt to pick your pocket ?

Howard. No, he did not, neither did he ask me for any money.

Q. Did he appear to you to be drunk?

Howard. I did not mind, but he was sober when he came to St. Martin's round-house.

Q. Was you in liquor?

Howard. No, I was as sober as I am now.

Q. From the Prisoner. Did you mention any thing of your wig before Justice Fielding ?

Howard. I did, I mention'd my wig as well as my hat.

Cross Examined.

Q. Did you speak to the prisoner first, or he to you ?

Howard. I spoke to him first, and bid him go about his business.

Q. Did he first attack you?

Howard. He did, and said, d - n his eyes, he would do for me.

Charles Howard . I was with my brother when we met the prisoner, he was stooping down, when we went to pass him, he would not let us, neither one way or the other, but did not say a word to us ; I saw another man behind us; I said to my brother, there is an ill-looking fellow behind, I have a notion they want to rob us, I saw the fellow no more. My brother then said to the prisoner, what do you want, do you want to rob us? the prisoner then said, d - n you, come a little further, and I'll tell you what I want, we had both sticks in our hands, my brother told him to go on before, or he would knock him down. He went on about 150 yards towards Charing-Cross, then he went up against the well, and as we went by he started out, and said, d - n my eyes and limbs, I'll do for you, then my brother struck him with his stick, and knock'd him down, he then got up, and threw my brother down, and put his knees upon his belly, my brother cried out; I struck him several times on the head with my stick, he then got up, and took my brother's hat and wig, he dropp'd the wig upon the ground, just as he ran away with the hat, he carried the hat as far as Privy-garden-wall, there he dropp'd it, and there we found it we came up, and took him by the collar, and called out to the watch, the watch came, we charged them with him, and he charged them with us; we carried him to the round-house, there he damn'd us for scoundrels, and said, we had robb'd him of 2 s and 2 d. or 2 s. and 4 d. I cannot say which, I was with him before Justice Fielding, the Justice ask'd him if he was drunk, and he said he was not.

John Abby . I am a Plaisterer, I was coming along at that time, and heard a squabble, man come running by with a hat in his hand, and ran in at Privy-garden-gate, he turn'd himself round, and dropp'd it down beside him upon the ground, he did not offer to run away. When the prosecutor came up, he told him there was his hat, I went with them to the round house, where they searched his pocket and found a clasp knife, I went with them the next day before justice Fielding, there the prisoner said, he did not remember taking the hat, but said he thought there was a mob, and that he was drunk.

Prisoner's Defence.

I never had the hat in my hand 'till I took it up to give it into his hand.

For the Prisoner.

Sir William Wiseman . I am lieutenant to the company the prisoner belongs to, I have known him these five years, he always behaved as well as any soldier in the regiment, and was never suspected of any such thing in his life.

John Thornton . I am ensign in the company, I have known the prisoner six years, he always behaved himself extremely well.

Alexander Hog . I am serjeant to the company, and serjeant-major to the regiment, I have known the prisoner almost eight years, he always behaved himself as well as the best man in the regiment ; he never, neglected any duty, nor came drunk or dirty to the regiment; he has received his pay of me these six years, and was always esteemed a very honest just man, there is not a man in the world has a better character than the prisoner, neither do I believe he would be guilty of such a thing.

William Car . The prisoner has lodged with me a twelvemonth last year, I think him to be as honest a man as ever I had in my house in my life, I never had the fellow of him, he has lain where there has been money and things of value, and never wrong'd me of a farthing. I lik'd him so well that I was going to bargain with him for another year, I would never desire a better.

Acquitted .

468. (M.) Isabella , wife of Daniel Lynch , was indicted for stealing five silver spoons, value 24 s. one silver punch ladle, val. 4 s. 6 d. six silver tea spoons, val. 12 s. one pair of silver tea tongs, value 12 d. two gold rings, val. 8 s. one silver thimble; val. 8 d. one sheet, val. 2 s. two silk gowns, val. 14 s. and divers other things the goods of Sarah Portress , Sept. 6 *

Mary Hodges. I live in one of the alms-houses in the foot-way going to Islington, next door to Mrs. Portress, who is bedridden and cannot appear herself; the prisoner was her nurse , on the 6th of September I went into the room and the prisoner was gone: I asked where she was, Mrs. Portress said she was gone, and that she did not think she would come again: I asked why she thought so: she said, because she had robb'd her.

Edward Berry . I am a pawnbroker, the prisoner at the bar brought these spoons (producing four) at several times, the marrow spoon came the first of last September, another of the large spoons came the 8th of August, another the 10th of July, she had twenty-nine shillings upon the whole, I am sure these are the spoons she pawned with me. She said her mistress sent her, so I went and acquainted Mrs. Portress with the affair, who said she sent her with none but the marrow spoon at other times, but with none of them then.

Prisoner's Defence.

My mistress was ailing a-bed, and her support was not sufficient for us, she had but four shillings a week, and I have one ; I have made money of the things, because she should not know how she was drove.

Guilty, 10 d.

[Whipping. See summary.]

469. (M.) William Bowyer , otherwise Stampy , was indicted for that he in the king's highway on Samuel Manton did make an assault, putting him in corporal fear and danger of his life, one silver watch, val. 20 s. one silk handkerchief, val. 2 s. and a razor, val. 1 d. the goods and money of the said Samuel, did steal, take, and carry away , Sept. 12 *.

Samuel Manton . I keep the sign of the Castle, in Borustreet, Westminster . On the 12th of Sept. about nine o'clock at night. I was coming home behind a coach; coming along the King's Road, near Bloody Bridge , two persons came up and stopt the coach; they found the coach was empty, they then came behind to me; I then jumped down, then each of them clapt a pistol to my breast, and said, d - n you, you have got a watch, or something of value about you ; then one of them took my watch; after they had that, they both demanded my money; I gave them one shilling and six-pence : While I was giving one the money, the other kept repeating these words, I will shoot you! I will shoot you! and held the pistol to my breast; he did not shoot; they then searched my pocket and took the handkerchief and the razor ; it was a very moonlight night, and I am sure the prisoner is the man that said he would shoot me; but it was the other that took the things: then they took me by the handkerchief that was about my neck and bid me go about my business, I went on till I came to the turnpike: there were people in search of them: the prisoner was taken in about a fortnight after: I went to see him, and am sure he is one of the men; but the other, whose name is Kite, is not yet taken.

William Norden . I was at the taking of the prisoner; he was taken for another fact; he was advertised with the rest we took with him; and when Mr. Manton saw him, he picked him out from among all the rest, and said, he was sure he was the man that robbed him.

The prisoner had nothing to say in his defence, but called the following witnesses to his character.

Adam Henly . I am a coachman, I have known the prisoner these five years, he followed the business of a coachman, he drove for one Mr. Smith, I never knew any thing ill of him.

William Smith . I am a coachman and keep a hackney coach; the prisoner drove for me a year and a half; he was very honest and industrious to me as any in London.

Acq .

470, 471 (M.) Richard Mooney and Joyce his wife , were indicted for stealing two pewter plates, val. 4 d. one pewter dish, val 6 d. one linnen sheet, val. 4 d. one blanket, val 4 d. one feather bolster, val. 3 d. and seven lb. wt. of feathers, val. 2 s. 6 d. the goods of Alice Hughes , out of a certain lodging room let by contract , Oct. 1 . +

Richard, Acq .

Joyce, Guilty .

[Branding. See summary.]

472. (L.) Dorothy Shepherd , was indicted for stealing one brocade gown, val. 40 s. one silk-damask gown, val. 3 l. a tabby gown, val. 30 s. two pair of ruffles, val. 10 s. four linnen caps, val. 2 s. three linnen bedgowns, val. 20 s. four shirts, val. 15 s. a beaver hat with a silver buckle, val. 15 s. and four guineas in money numbered , the goods and money of Peter Hall , Sept. 21 . ++

Alice Hall. I live in St. Thomas's, near the hospital , on the other side of the water , The prisoner at the barr was my servant : I came down stairs on Friday the 21st of Sept. in the morning, and mist her out of the house; I then searched about the house, and found I had lost the things mentioned in the indictment; we searched after the prisoner, but could not find her; I then advertised her ; she was taken on the Monday following and carried to a tavern facing the Poultry Compter. There I charg'd her; we took her before Alderman Scott, there she confest all, except the money and the holland shirts, I found some of the things again at one Mr. Brooks's, a pawnbroker in Houndsditch, the corner of Gun Yard.

Jane Halcomb . I went to see the prisoner in the Poultry-Compter; she told me she took the goods, but not the money.

James Brooks . I am a pawnbroker, on the 21st of Sept. the prisoner at the bar brought the things here in court, to me to pledge; I suspected they were not her own: I asked her, where she got them ? she told me her mistress sent them; and that her mistress's husband was arrested, and she wanted to make up a little money, because he should not go to goal; I told her, I would send somebody along with her, to see whether it was so or no; I sent one with her; she carried him to quite a contrary place to where she had told me her mistress lived: I advertised the things, and the prosecutrix came and owned the things.

Prisoner's Defence.

I cannot say but I did take the things, but for the money I did not see that; I never a guinea in my hand while I lived in the place.

Guilty .

[Transportation. See summary.]

473. (L.) John Baxter , was indicted for stealing 6000 of lillikin pins, val. 2 s. the goods of John Allen , Sept. 20

++ Guilty .

[Transportation. See summary.]

474. (L) Joseph Cullingham , was indicted for stealing two pewter plates. val. 1 s. 11 d. the goods of Thomas Oswin , Sept. 18 .

++ Guilty .

[Transportation. See summary.]

475. (L .) Eleanor Roberts , was indicted for stealing one linnen gown, val. 14 s. one pair of stays, val. 15 s. and one pair of kid gloves, val. 1 s. the goods of Mary Harvey , spinster, August 19 .

++ Guilty .

[Transportation. See summary.]

476, 477, 478. (L.) James Fairbrother and Jane his wife and Sarah Monger , were indicted, the two first for stealing forty pair of leather shoes , val. 3 l. four awls, two pair of pinchers, one apron, and two knives , the goods of Samuel Poarch ; and Sarah Monger , for receiving twenty pair of shoes, part of the same, well knowing them to be stolen Oct. 13 . ++

Samuel Poarch . I live at the Cock Alehouse, upon Ludgate-hill; my shop was broke open on the 13th in the night, and my things took away; I took up the prisoner upon suspicion, having but a bad character ; I mist about forty pair of shoes and and pumps and all my tools. John Degen was taken up and sent to the Compter, he is the evidence; and upon Sunday morning I took up Fairbrother; I took up Sarah Monger on the Monday, in Shoe Lane, and the other woman too; Degen confest it: I went by his direction and search'd Monger's room; I found some of my goods under her bed. she said she knew nothing of them.

John Degen . James Fairbrother brought me out with him last Friday night upon a design to break a house; going along, there was a watchman before the house, it was a stocking shop, upon Clerkenwell Green, we could not get to it ; we came back again; he had an iron pocker with him, he went and broke the stall of Samuel Poarch open; he sent me and I went to watch, he went in and came out again with a great arm full of shoes ; he then said to his wife, he would knock her brains out, if she would not take the shoes in her lap; he put them into her lap: we carried them to Elizabeth - 's room upon Addle-hill; his wife lodged there: In the morning some of them were carried to Sarah Monger 's house; he lived with her sometimes, he carried them there; I was present at the time, we threw them down, and said, we got them last night, we asked her to go out and sell them ; she said, she could not, but she would get a girl to go out with them; she knew what we went out a doing, and had seen what we used to bring into her house ; we told her we did steal them.

Q. Who told her so?

Degen. He, the prisoner Fairbrother, told her so; she put them under her bed; we threw some of the shoes over Bridwell Bridge ; and sold an apron full for a shilling.

Q. Were they all shoes?

Degen. They were all shoes; he had a pair of them himself upon his feet.

George Needham . I am constable; the evidence was apprehended on Saturday night; Fairbrother made his escape; we took him on Sunday morning, and carried him before the sitting Alderman; the receiver was taken the next day. Fairbrother denied it, and so did Monger.

James Fairbrother 's Defence.

I never was along with the man in my life to do any such thing.

Jane's Defence.

I know nothing of the affair.

Sarah Monger 's Defence.

I was not at home when the things were brought to my room; I asked, who brought them there, a woman said, that young man brought them there.

Fairbrother, Guilty ; Jane, his wife, Acq . and Sarah Monger , Guilty .

[Monger:Transportation. See summary.] [Fairbrother:Death. See summary.]

James Fairbrother , was a second time indicted, for breaking and entering the dwelling-house of Mary Shelling , and stealing three 1 b. wt. of butter, val. 20 d. five loav s of bread, val. 15 d . one earthen dish and a stone jar, val 3 d. one half 1b. wt. of Aarch, val. 3 d. one pair of gloves, one dozen of pickle cucumbers ; the goods of the said Mary, Oct. 20 . ++

The prosecutrix keeps a chandler's shop in New-street , on the 20th of Oct. she had her sash lifted up, and the things mentioned taken away; and some of them were found again at the house of Sarah Monger , where the prisoner was found, by setting fire to some straw, which brought him down out of the chimney where he had secreted himself .

Degen the accomplice deposed, he and the prisoner took the goods mentioned from out of the window, and gave directions where to find the prisoner.

A woman that keeps the cellar deposed, she saw two men taking the things, she called to them and they ran away; describing their size like the prisoner and evidence, but did not see their faces.

The prisoner denied having any knowledge of it.

Guilty , Death

479. (L.) Margaret, wife of John Mackensie , was indicted for stealing nine yards of lace, val. 20 s. 3 yards of long lawn, val. 18 s. one silk handkerchief, val. 4 s. one diaper napkin, val. 6 d. the goods of James Slowman , May 26 *.

Acq .

480. (M.) Mary Howel , widow, was indicted for stealing two linnen shirts, val. 7 s. the goods of Daniel Coulster , Sept. 29 .

+ Guilty .

[Transportation. See summary.]

481. (M.) Sarah Howel , spinster, was indicted for stealing one copper stew pan, val. 2 s. one pillowbier, val 4 d. the goods of Daniel Rossiter , in a certain lodging room let by contract , Sept. 8 . +

Acquitted .

482. (M.) Mary Wale , widow, was indicted for stealing three pair of worsted stockings , value 3 s. and three yards of silk ribband, val. 12 d. the goods of Thomas Fladgate , Sept. 29 . ++

Stephen Fladgate . I live in Conduit-street, Hanover-square, and keep a hosier's and haberdasher's shop; on the 29th of September, about two o'clock, as I was at dinner with my son and daughter in a back room, I saw the prisoner come into the shop, there were 6 pair of stockings which I left on the counter, and three yards of black ribband, three pair of which she took away with the ribband.

John Fladgate . I saw the prisoner in the shop, and went out into the shop; and then went to call my sister, the prisoner was gone then; my sister look'd and missed three pair of stockings and the black ribband; so I went out after the prisoner, I saw her make a stop, and when she saw me coming she dropped the ribband, but the stockings she held under her arm.

The prisoner had nothing to say in her defence.

Guilty .

[Transportation. See summary.]

483. (M.) Thomas Turner , was indicted for stealing part of a leather pocket, one brass thimble, two iron keys, one iron snuff-box and two pence halfpence in money numbered , the goods and money of Ann Parker , widow, June 3 .

++ Acq .

484. (M.) Richard Bunce , was indicted for the murder of John Chavace , he stood charg'd on the Coroner's inquisition for the said murder, August 28 . ++

Claud Chavace . The deceased was my son.

Q. How old was he?

Chavace. He would have been fourteen years of age had he lived till the 4th of November. I live in May-fair-market, am a Chairman in the winter, and labourer in summer. I was at work upon a scaffold on the 28th of August, there came word to me, by two chairmen, that there was a boy kill'd in the park, and that it was said it was my son. They had carried him to St. George's hospital at Hide park Corner, I went there, and found it to be my son; he was laid in bed in all his bloody things. I spoke to him, but he gave me no answer. I saw the blood running down his head, then the chairmen took me to the place where they took him from in the park, it was about fifty or sixty yards within Grosvenor-gate , between the walnut-trees and the gate, where lay some blood on the ground. I enquir'd how he came by his hurt, but could not hear any thing of it. I went on the Wednesday to see him, and was told he had spoke, and had told several people that the park-keeper had beat him. I went to Mr. Fielding for a warrant to take up the prisoner on suspicion, but the justice would not grant a warrant, except I would bring the man that heard the child say so; then I went back to the infirmary, and the doctor that examin'd the child said, possibly the child may come to his senses, and might tell who hurt him, and that it would be better not to take him up till we saw whether he would live or die.

Q. Did you hear the child speak after this?

Chavace. Yes, I did several times.

Q. Was he sensible at any time do you think ?

Chavace. I believe he was not rightly in his senses.

Jane Chavace . My child received his hurt on Tuesday the 28th of August, and on the Thursday following I was standing by him some little time, I thought I found him partly sensible.

Q. What time of the day was this?

Chavace. It was about two o'clock.

Q. Why did you judge him partly sensible?

Chavace. By his knowing me and calling me mother. I asked him what ail'd him, but he made no answer. I asked him who beat him, he answered, Pray mother give me a little tea and I'll tell you. I gave him a little tea, and asked him again, he said, the park-keeper struck him.

Q. Did he mention his name?

Chavace. No, he did not.

Q. Did he tell at what gate he stood?

Chavace. No, he did not. I asked him where he was hurt, he said on his back.

Q. Did he describe any place else?

Chavace. No, he did not; then he repeated the same words again, saying, the park-keeper beat him, and pray mother do you take care of him.

Q. Did you observe his head was very much hurt?

Chavace. I did.

Q. Did you ask him how he came by that wound on his head?

Chavace. I did not, his senses were with him but a short while at a time; when he was sensible he'd cry for mercy in these words, Pray forgive me, that staff is too big; oftentimes he said so.

Cross Examin'd.

Q. You said at first setting out, you thought him partly sensible; did not you think him partly insensible?

Chavace. No, I did not, that was the only time that I counted him sensible for so long a time together.

Q. Was he not judg'd insensible from the time he came into the hospital to his death.

Chavace. At times he was sensible.

Q. Could you look upon the child to be sensible, at the time he said, Pray forgive me, that staff is too big.

Chavace. I did imagine he was.

Q. Was there ever a staff in the room?

Chavace. No there was not.

Q. Had you done any thing to him?

Chavace. No.

Q. Had you affrighted him?

Chavace. No.

Q. Could you look upon him to be in his senses, when he asked you forgiveness?

Chavace. He said, pray forgive me; he did not say mother.

Catherine Wells . I liv'd in Upper Brook-street, and kept major Burton's house, a little after eight o'clock in the morning, on the 28th of August, a gentlewoman passed me, and told me she saw a man beating a boy; she was very uneasy, and went down Brook-Street, and I into the park, the minute I went into the park, I saw the boy lying on his face, I thought him to be dead.

Q. Whereabout did he lie?

Wells. He lay under the walnut-trees just by the park-keeper's house, I turn'd him on the right side and he groan'd; he seem'd not to lie easy, so I turn'd him on his face again. After that I turn'd him on his back again, and wip'd the blood and froth out of his mouth. I ask'd him who had beat him, but he could not speak. I look'd round the park and could not see any body. I saw the park-keeper's house door was shut, but the windows above and below are all open. I went to the house, and spoke to Mr. Turner, the master at the gate, and asked him where his servants were, and where the parkkeeper was, but he made no answer. I told him a boy lay dead in the park, but he made me no answer to it. I went down to my husband, and came back again, there the boy was then, and two women washing him with heartshorn and water, and a gentleman gave some people some money to carry the boy to the infirmary: I saw him no more till after he was dead.

Q. Is the woman here that gave this information ?

Wells. No, she is not.

William Parker . I was a patient in the hospital, and lay in the room where the deceased did. I heard his mother ask him who beat him; he said the park-keeper, that he struck him over the back: I also heard him say, Pray, Sir, forgive me, that stick is too long.

Q. Did you take him to be in his senses then ?

Parker. I took him to be more in his senses then, than at any other time.

Q. How long was this before he died?

Parker. I can't tell how long?

Q. to Jane Chavace . When did he die?

Chavace. He died on the Tuesday fortnight after he received his hurt.

William Williams confirmed the testimony of the last witness, being by at the time, with this addition, that this was about a fortnight before he died.

Robert Hardyman . I was riding on my mare in the park at that very time, about a quarter past eight o'clock in the morning, a boy was in the walnut-tree, I saw the prisoner at the bar with a pole, which he held much about over his head; but as for striking him I did not see that: The boy said, Pray don't strike me, for God Almighty's sake don't strike me any more. This I saw as I was galloping along; but I did not see the boy afterwards.

Cross Examin'd.

Q. Where do you live?

Hardyman. I live in Hanover-square, and am a piece of a coachman. I look after some equl page belonging to my lord Powis, who is now abroad, I take care of his chariot and harness, and the steward's mare. I was on her at that time.

Q. Was you before Mr. Fielding on this occasion?

Hardyman. I was not.

Q. Why did not you attend there?

Hardyman. Because I did not care to bring myself into a preminary about it.

Q. Who did you first tell it to?

Hardyman. I told it to a chairman last Sunday in a publick-house.

Q. Don't you know that it was advertised that a chairman's son was found murdered in Hyde-Park ?

Hardyman. I can neither write nor read.

Q. Did not you hear that a child had been kill'd in the park?

Hardyman. I never heard it till last Sunday.

Q. Then how came that to be a reason that you did not talk of it, fearing being brought into a preminary?

Hardyman. I never heard of it till last Sunday.

Q. Will you swear you saw this, that day the boy was kill'd?

Hardyman. I can't say what day, I know it was in August, and after I came home with my mare and was rubbing her down, I heard a boy was gone to the hospital, and that the park-keeper had knock'd him out of a walnut-tree; upon my word I don't know what day of the month it was, and I have been out of town since that.

Q. Did you know the prisoner before ?

Hardyman. I have known him three or four years, he is the park-keeper's servant.

William Warner being committed to New-prison for perjury on this account, was, by the desire of the prosecutor, brought into court, and also his mittimus, which was first read to this purport:

He being charged with being guilty of first making information against the prisoner, charging him with giving an account of many Circumstances, tending to prove the prisoner guilty of the murder of the deceased; and he since had declared before justice Fielding, that all he had said was false, and that he committed perjury when he said the same.

S ign'd by Justice Fielding.

William Warner . I am between fifteen and sixteen years of age.

Q. What do you know about the boy's being kill'd?

Warner. I know nothing of it. I was a little in liquor, and having a heard others talk of it, I told my landlady, and they took me before the justice; after that I came to consider it was a sad thing to take a man's life away.

Q. What had you said about it?

Warner. I had taken on oath that I knew of it; but after that I went and told them I had taken a false oath, for which I am very sorry, and hope God will forgive me.

Q. Was the prisoner committed upon your oath?

Warner. He was.

The prisoner had nothing to say, but called the following witnesses.

John Turner . I am the master or keeper of Grosvenor's-Gate, the prisoner is my servant ; on Tuesday morning the 28th of August, about eight o'clock, I was sitting at work below stairs in a room that looks into the park, the window was open, there came a man to me and told me thro' the casement, that there was a boy killed in the park. I said, I can't help that; he asked me were Richard was, meaning the prisoner.

Q. Who was that person?

Turner. He was a servant belonging to Mr. Spinneys ; said I, Richard has been gone with his linnen to wash about twenty minutes; he usually carried it once a week.

Q. How long does he commonly stay when he goes with his linnen ?

Turner. He commonly stays two hours, his sister washes for him.

Q. Then what time do you judge he went out ?

Turner. I believe he went out about twenty minutes before eight o'clock.

Q. Where does his sister live?

Turner. She lives in Portland-street, beyond Chandois-square; the way there is from my house through Grosvenor's-gate.

Q. Did you see him go out?

Turner. I did, with his bundle in his hand, and a cane.

Q. What does he do with his staff at such times.

Turner. He lays that down sometimes within, and sometimes without the door.

Q. Is it his nearest way to go by the walnut-trees ?

Turner. No, that would be almost the length of the park about.

Q. What time did he return that day.

Turner. He returned about ten o'clock. The prisoner has been my servant about two years: when he came to me, he said, he very seldom worked with his chair on a Sunday (being a chairman) and desir'd I would give him leave to go to church as usual; I did; he has continued that practice ever since.

Q. What is he for natural temper ?

Turner. He is the best behaved man I ever had, he is not swearer or drunkard.

Q. Do you remember Catherine Wells talking to you that day.

Turner. No, my lord, I do not; it has slipp'd my memory if she did.

Q. to Catherine Wells . Is this the man you talk'd to, that gave you no answer?

C. Wells. It is; he was pulling hair to pieces. I put my head in at the window, and said, sir. where are all the park-keepers gone, here is a boy lies murdered in the park ! he made me no answer to any thing I said ; in about twenty minutes after, I and a footman went to the window ( this was as I came back) and the footman spoke to Mr. Turner ; then his answer was, he knew nothing about it.

Q. to Turner. What did you do upon this?

Turner. I saw nothing of the accident to the boy. After I was told it, I went just out at the door and saw a croud of people. and it shocked me, then I went in at the door again.

Robert Carter . The day the boy was murdered I rode into the park by eight o'clock; I saw the prisoner going from Crosvenor's Gate, he was then about twelve yards from the gate with a bundle in his hand, going toward. Tyburn.

Q. Had he a staff in his hand.

Carter. No, he had not; I went into the park, and over the place where the boy was murdered; there was no boy there then; when I came back he y there.

Q. Do you know the prisoner?

Carter. I do very well.

John Mills . I was at the Golden-lion door, which is opposite to Grosvenor's Gate, a little before eight o'clock. I saw the prisoner with a handkerchief, and something in it like linnen, in his hand, and a cane in the other; he went under the wall towards Tyburn: about half an hour after eight o'clock I went into the park, and saw the deceased lying on his back, between a post and a wallnut-tree; there was a man with two horses and a boy with one; the man called to me and desired I would help the boy up. I assisted him and undid his stock-buckle and collar; there were ten or twelve drops of blood, I can't say more or less, upon the ground; there was a cut on one side of his head were the blood came from: there were two pieces of bread and butter lay behind his head.

Q. Was he sensible ?

Mills. No, he was not. When I came into the park was the first of my hearing of it.

Q. How long have you known the prisoner?

Mills. Six or seven months.

Q. to Turner. How many servants do you keep ?

Turner. I keep only the prisoner.

Q. Do the other keepers keep servants?

Turner. They do ; but they attend their own gates.

Eliz. Bunce. I am sister to the prisoner at the bar: I remember the 28th of Aug. when the accident happen'd to the boy. I wash for my brother, and live in Portland-street, Oxford Market.

Q. How far is that from Grosvenor's Gate.

Bunce. I believe it is about a mile; my brother's usual way is to bring his linnen once a week to be washed: he brought it that very 28th of Aug. when he came in it was turned of eight o'clock.

Q. How much after eight?

Turner. I believe it was not quite half an hour, or about twenty minutes past eight.

Q. How long did he stay with you ?

Turner. I believe he might stay half an hour.

Sarah Ducey . I have known the prisoner almost five years. I lodge in the house with his sister. I remember the day this lad got his death in Hide park. I saw the prisoner twice that day; he came about a quarter after eight in the morning, the second time was at about half an hour after eight; he had nothing but his cane in his hand.

Lucas Everard Greenhead . I am assistant apothecary and belong to St. George's hospital; I remember the deceased being brought in there. I attended upon him, for my own satisfaction, sometimes every day, and looked upon him to be in a state of delirium all the time; that I can venture to say.

Thomas Saunders . I am a pupil at St. George's hospital. I remember the lad's being brought there. I attended and dressed him all the while. I never saw him sensible in the least.

John Cotton . I have known the prisoner a year and a half, he is a very honest, good-natured, humane man, I saw the boy alive in the park that day and I joked with him; he said nothing to me; I went about my business: he was eating bread and butter.

Q. Did you see the prisoner?

Cotton. I did not, neither going nor coming.

Q. Whereabouts in the park was the boy?

Cotton. He was near the wallnut-trees.

Q. What time was this you saw him?

Cotton. It was five minutes after eight in the morning, the clock had struck eight as I came to the wallnut-trees.

Q. Was there nobody at the gate?

Cotton. There was not, and the lodge door shut.

James Davis . I remember that day the boy was killed, there was nobody but I and another soldier walking together: I saw the boy fall out of a wallnut-tree.

Q. How long have you known the prisoner ?

Davis. I had never seen the prisoner then in my life. There were two gentlemen riding by, one on a black horse, the other on a gray one. one of them smack'd his whip; we conceived that assrighted the boy and made him fall down: he got up again and ran towards the gateway and fell down again.

Q. What time of the day was this?

Davis. It was between eight and nine in the morning.

Q. Did you go to the boy when you saw him fall the second time ?

Davis. No, we never staid to look, we took no money at all, but went on.

Mr. Parker. I have known the prisoner for some time, he is an honest, sober, industrious man, as any in England.

Q. Do you think he could be capable of killing a little boy for getting a few wallnuts ?

Parker. Far from it, he was one of the most humane men towards Children.

Sir Andrew Chedwick . I believe I have known the prisoner seventeen or eighteen years, he is a very honest, careful, and sober man.

Q. Do you believe he would go to kill a lad for getting up into a wallnut-tree ?

Chedwick. I believe him very far from it.

Peter Abraham Mozear . I have known the prisoner, I believe, a dozen years ; I have a very good opinion of him.

Q. Do you look upon him to be of so inhuman a disposition, as to murder a boy in a wallnut-tree for getting a few wallnuts.

Mozear. I don't think he would; I remember he once told me he left off being a chairman, because he would have the Sunday to attend divine worship.

Acquitted .

485, 486. (M.) Charles Mahagen and Frances Mahagen , spinster , were indicted, for that they, in a certain alley, or open place, near the king's highway, on Richard Coombe did make an assault, putting him in corporal fear and danger of his life, and taking from him 11 s. in money numbered , Oct. 30 . +

Richard Coombe . I live at the bottom of Clerkenwell-Green, next door to the French-horn ; I am a carpenter and fish-maker, and make for several carpenters : I was going through Black-boy-alley, on Saturday the 13th of this instant October, about seven at night, I had some bills in my pocket to receive money for work done; I saw a man and two women standing together, almost by the little alley at the end of Black-boy-alley, near Chick-lane ; the two prisoners were two of them; I don't know the third person. I went to go past them, and at the same time I received a violent blow on my mouth, and instantly a basket was put to my face, and my head squeezed up against the wall; I felt a hand in my pocket: when the basket was taken from my face I catched hold of the woman with the basket in her hand, and brought her to the light in Chick-lane, she called out Charles Charley ; I never quitted her till I got her to the light.

Q. Was it light or dark?

Coombe. It was dark, there is no lamp where I was robbed : the man prisoner immediately came back upon her crying out, and struck me several blows in the little: entry ; there was much light in Chick-lane, by which I could easily see the prisoners, and believe them to be the same: the man had a cape coat and a red waistcoat, I saw his face; the woman struck me several blows in Chick-lane with her hand, and also with the basket there: they were both on me together: I tried to push them both into the Black Raven alehouse that is opposite Black boy-alley; but the man pushed the woman in and shut me out; I was pushed back down the steps and fell down, I was never down before that: I told my name, and where I was going, and said, I had been robbed of 11 s. and some halfpence, and said, the people that robbed me were in at the Black Raven, and desired assistance, I got assistance, and we went into the house, they were there at our first going, but at last they were push'd out of the house and were taken before I got out of the house; I got hold on the woman, I took hold of one arm, and another man on the other, and we had her to a constable at the Butchers-arms, in Smithfield; after we had been there some time, a man bid me look about to see who I knew ; I saw the man prisoner, and said, he was the man that was in the robbery, and the people secured him : I charged the constable with them both, and they charged the constable with me and the man that assisted me in bringing the woman there.

On his cross examination he did not vary in the least.

Patrick Murray . I live in Peters-Lane, near Hicks's-hall, and am a shoe-maker, I had been about business up the water, and landed at Black-Fryars, on the 13th of October about seven in the evening, and walked up the market, when I came to the bottom of Field-lane, next to Chick-lane, I heard a crying out, so went up to it; but before I got there I heard a man say, I have been robbed, thieves I ran and saw the prosecutor had hold of a woman, either of her arm or skirt of her gown, I saw them scuffle cross the lane, the woman had a basket in her hand with which she struck the prosecutor. The man prisoner was there, and push'd the woman into the Black Raven alehouse, she turn'd about and with the basket struck the prosecutor, or whether she pushed him with the door, as he wanted to follow them in, so that he fell down at the door.

Q. What sort of a basket was it?

Murray. It was made in the form of a boat, or oval, I help'd the man up, and asked him what was the matter; he said, he was robb'd of his money by that man and woman and another person. I said, if any body would assist we'd go in, and see if we could take them; so we went in and the prosecutor pointed to the woman, and said she was one of them; she and the man were both taken in the house, but the people in the house rescued them from us, and they were conveyed to a sort of a back door, where was a stair case, I went backwards and saw them both, and another woman with them, that door goes into an inn-yard. The people turn'd the prosecutor and two or three more out of the house, and was going to turn me out, but I said I would have a pint of beer, and insisted upon being there, and it was then that I went backwards and saw the prisoners. I ran to the street door, and told the people that the prisoners were not gone out; upon which they rush'd in again, and pull'd them out of this place, which was a sort of an entry into the tap room, but they were rescu'd from us a second time, and pushed out at the street door; they made an attempt to run down Black-Boy-Alley, but the woman was taken before she got into it, but by whom I know not. Then she call'd out, Charley ! Charley! then I went to get a constable, and she was taken to the Butcher's-Arms in Smithfield, but the man got off. The woman behaved at the Butcher's-Arms with very indecent language not to be mention'd, and in about an hour's time the man came in, I believe of his own accord. I sa w him, and said to Mr. Coombe, get up, look about. and see if there is not somebody here that you know, immediately he got up, and pointed to Mr. Attonbury's apprentice, who was sent for to him about business, said he, I know that young man. I saw the prisoner was screening himself behind the people, and pushing to get out at the door; as soon as Mr. Coombe saw him, he said, that is the man that was concerned in the robbery, I seized him and delivered him to the constable.

Cross Examin'd.

Q. Did you know that third person you saw with the prisoner ?

Murray. No, I did not.

Q Did you hear this woman complain that the prosecutor had used her ill ?

Murray. She said he wanted to be great with her.

Thomas Kelly . I am an iron back maker, on the 13th of this Instant about seven in the evening I was at my father-in-law's door, which is opposite the Crown in Chick-lane, I heard a disturbance in Black-Boy-Alley, and went to see what was the matter, where was Mr. Coombe. who stood against Mr. Doleman's door in Chick-lane at the corner of the alley, and somebody pushed him way from the door, and said, don't make a disturbance here ; then he went down to the next house, and the two prisoners at the bar followed him and collar'd him, and dragg'd him across the lane; the woman struck him several times with a basket over his head and face, and pull'd off his wig, the man held him all the time; then she threw his wig in his face, and said D - n a - n seize you, ye thief, take your wig again. I asked them the meaning why they used the man in that manner; she said he knock'd her sister down in the entry; then she said, Charley, go and fetch a constable, they were then got near the Black Raven door, and Charley endeavoured to get her away, but she would not be persuaded; then he push'd her into the Black Raven, and the prosecutor fell down at the door; he got up again, and said, gentlemen, I am used very ill, my name is Coombe, I am a carpenter, and live in Clerkenwell

Green, I have been stopt by a man and two women; the man struck me on the face, and the woman run a basket against my face, they held me fast and robbed me; this was in Black-boy-alley, and that he got hold of one of the women and dragged her into Chick-lane, and that a man and one of the women were now in the house; I, and others went in to secure them; we secured them; but they were twice rescued from us in the house. The rest as the last evidence, with this addition ; that when they were taken before the alderman, the woman said, the prosecutor took hold on her sister's arm and dragged her about, and said, come along you bitch and drink a pot of beer.

Daniel Fennel . I am a Wheelwright. on Saturday was sen'night at night, my partner and I had left off work, and were going to the Crown in Chick-Lane to make our bill in order for the receiving our money. We heard the cry of murder! murder ! I am robbed; I went up to the prosecutor, and said, are your actually robbed ? he said yes, of 11 s. and upwards, then I said, I'll assist you; then he, and I, and another man, went in at the Black Raven; the people of the house shoved us back again after we had got the people, and got them backwards by a staircase and a backdoor; I knowing the backdoor, when I was out of the house, went towards it to see if they were gone out or not; when I came there, the two women and man were shoved out at the foredoor ; I ran and laid hold on the woman, I took her by one hand, and Mr. Coombe by the other, and we carried her to the constable, at the Butchers Arms, in Smithfield : after we had got her there, she swore I had robb'd her, so I was detained; whilst we were there the man came in. The rest as Murray had deposed, with this addition, that after the woman was in the watch-house she denied what she had said about his robbing her, so he was let go.

Cross Examined.

Q. Did not you hear the woman say, she, or her sister, had been used ill by the prosecutor?

Fennel. No, I did not hear her say any such word, that they had been either of them abused by any body.

Mr. Cheene. I am constable; I and my brother constable had them in charge, I never heard the woman make any complaint of any indecency from Coombe.

The other constable deposed the same.

Mahagen's Defence.

We came to London on the 4th of October, from Ireland : I got a room to lodge in at Mr. Reynold's, in Black-boy alley; I was recommended there by the people at the Raven: The prosecutor met me in the alley and knocked my wife down; I went up stairs; they called me down; my wife said, the man was gone ; I saw him running, I ran after him, and said, how came you to knock my wife down? he said, I will go before a justice, or any place; the woman recovered herself, came up and said to me, don't be concerned with him; some people said, why don't you take him into custody; I said, I am a stranger, nobody will assist me, so we let him go; then he went to the others, and they contrived this thing against us.

The Woman's Defence.

As I was coming with my sister I had a basket in my hand, the prosecutor knocked my sister down, and put his hands up my coats and down my bosom, and bid the whores come away with him, and said, if we would not, he would knock our brains out.

For the Prisoners.

Gibbon Smith. I never saw the prisoners before this thing happened, which was on a Saturday night. I think this day fortnight, near seven o'clock ; I was coming from Cow Cross up Black-boy-alley with my wife, we heard a great noise and a woman calling Charley, Charley; when we got up to it, they were all out of the alley in Chick-lane; there was quarrelling and fighting, a woman beat a man with a basket, and I believe the men had blows; I can't recollect that the prisoners are either of the persons; there was another woman came to a door, and said, for God sake Charley come out, for there is somebody quarrelling with your wife; there was somebody came down stairs, but they were gone out of the alley before we came there.

Elizabeth Smith . I am wife to the last evidence, I was with him at that time, we heard a great noise with two women and a man; I don't know that ever I saw them before; I heard the two women call out Charley, Charley, a man was meddling with the women.

Q. Did you see that ?

Smith. No, I did not; when they saw my husband and I coming along they went out into Chick-Lane, and my husband shoved me along; there I saw a woman beating a man with this basket. Produced in court as before described.

The Second Part of these PROCEEDINGS will be published in a few days.

THE PROCEEDINGS ON THE King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY of LONDON; And also the Goal Delivery for the County of MIDDLESEX, HELD AT JUSTICE-HALL in the OLD-BAILEY, On Wednesday the 24th, Thursday the 25th, Friday the 26th, Saturday the 27th, Monday the 29th, and Tuesday the 30th of October,

In the 27th Year of His MAJESTY's Reign, BEING THE Eighth SESSIONS in the MAYORALTY of the Right Honble Sir CRISP GASCOYNE, Knt. LORD-MAYOR of the CITY of LONDON.

NUMBER VIII. PART II.

LONDON:

Printed, and sold by M. COOPER, at the Globe in Pater-noster Row. 1753.

[Price Four-Pence.]

THE PROCEEDINGS ON THE

King's Commissions of the Peace, Oyer and Terminer, and Goal Delivery held for the City of London, &c.

Q. HOW came you by that basket ?

Smith. I pick'd it up after they let it fall, and deliver'd it to the Raven people.

Mrs. Barton. I have known the prisoner about a week, they lodg'd in Cock-court, Black-Boy-Alley, I know the other woman, they all three lay together when they came to town.

Q Is the other woman related to them?

Barton. I don't know whether she is or not; on this day fortnight I was getting some water, I had just put my pail under the cock, I heard a great out-cry, which was two women and a man fighting.

Q. What time of the night was this?

Barton. It was between seven and eight o'clock. The women call'd out, Charley! Charley! I look'd at them, and thought they were the people that lodg'd next door to me. I call'd the man, and I believe he made no more steps down stairs than one, for he had like to have tumbled over me; he asked me what was the matter, I said, if that is your wife here is a man beating her, she will kill her he stings her about so, I suppose he'll smother her; I believe he was stopped in Chick-lane, but I did not go to see.

Thomas Reynolds . I have known the prisoners about a week; they lodged at my house.

Prosecutor. That evidence keeps a lodging house for such sort of people in Black-Boy-Alley.

Reynolds. I did not see the beginning of the quarrel, if the robbery, as is pretended, was after the cry, Charley! Charley! I know it could not be ; for I saw the Alley clear. I was in my own house, and heard the prisoner's wife call Charley. I think three times, the prisoner was then in his own room, he came down to the assistance of his wife ; I saw the prosecutor run away, and the prisoner after him, calling out, Stop him, stop him. I heard the woman say, Charley, Charley, I have been ill used; I think she said she had been knock'd down.

Q. Did you see him come down stairs ?

Reynolds. No, but I heard him: I went to Chick-Lane with a candle in my hand, then they were fighting ; I said to Mr. Mahagen. why can't you charge him? charge him, he said, what is that ? I said, with a constable: the prosecutor never mentioned any thing of a robbery as.

Q. Was you near him?

Reynolds. I was as to this man, pointing a man within a yard of him, I returned home: them fighting ; and after that the prisoner came to me, and said, they have taken my away, what can I do?

Prisoner. She is my wife's sister.

Reynolds. As for Mr. Kelly, and the other man, they were never in the alley.

Q. How do you know that?

Reynolds. I was there all the while; he charged the man with the robbery, I went to the Butchers-Arms with the man, where there was nothing talked off but hanging of him; they took him into custody: I staid there some time, and then went home.

Q. Did they charge one another?

Reynolds. I don't know for that; the prisoner and I had been at the Raven together that day, we went home, and he went up stairs; he had not been out of my house to my knowledge ?

Q. Had you been out again in the time ?

Reynolds. I had been up and down the alley several times.

William Doleman I am a salesman, there was a woman with a basket in her hand quarrelling at my door; she said, he had used her sister ill. I said get all away from my shop window and push'd them away; then I went to my other shop, and saw no more of it.

Eliz. Wilson. I heard a noise in Chick-lane, a woman cry'd out, and said her sister had been used ill; then a great many people came into my house whom I wanted to get out.

Q. Where do you live?

Wilson. I keep the Black Raven.

Q. Did the prisoners come into your house?

Wilson. They did.

Q. Did not you remove them to another part of the house?

Wilson. No, I did not, I was in the bar.

Q. Did not you hear these people that came in after them, charge the prisoners with a robbery?

Wilson. No, I did not; there had been a quarrel, but I cannot tell about what.

Q. Did you order your door to be shut against some of the witnesses ?

Wilson. I do not know that my door was shut against any body that night.

Q. Were not the prisoners searched in your house ?

Wilson. No, there was nobody searched that I know of.

Q. Did you know the prisoners before that night ?

Wilson. Yes, they had their beer at our house; about a quarter of an hour after the people were all gone out, the man called to know if his sister was there, and I told him she was not.

Mrs. Tipping. I was sitting at my own door in the alley, and the mob cry'd out Murder, I saw a woman beat a man with a basket, her sister sat down on my step, that woman said the man had used her sister ill, and he knock'd her sister down.

Q. to Reynolds. What employment do the prisoners follow?

Reynolds. They sold handkerchiefs , stocks, combs and laces .

Mrs. Matthews. One day since this happened I stood at the end of Mutton-lane, and heard the prosecutor and another man talking together about this robbery, the other man asked him if he was sure this was the woman that robb'd him; he said, I don't know, I cannot be positive whether the woman in custody, or the b - h that is run away, robb'd me, but I was robb'd of 11 s.

Both Acq .

487. (M.) John Hambleton was indicted for that he, together with Allen Lattey , on the King's highway on Joseph Trow did make an assault, putting him in corporal fear and danger of his life, and stealing from him six gold rings, val. 46 s. one pair of silver shoe buckles, one half guinea, and 5 s. in money number'd , Sept. 2 . ++

The prosecutor depos'd, he was coming towards London, between Bloody-bridge and the Turnpike, which is between Chelsea and the Park , in a chaise alone, on the 2d of September; he was met by two men, stopped and robb'd, but could not swear positively to the prisoner. A pair of buckles were produc'd, which were found in Lattey's pocket when he was taken, which the prosecutor could swear to, he also could swear Lattey was one, but he being very ill could not take his trial then, the prisoner was Acquitted .

He was a second time indicted for that he, together with Allen Lattey , on the King's highway on Robert Wheeler did make an assault, putting him in corporal fear and danger of his life, and stealing from him one silver watch, val. 3 l. one pair of silver buckles, val. 8 s. the goods of the said Robert, Sept. 16 . ++

Robert Wheeler . I do not know the prisoner: on the 16th of September I was robb'd near the one mile stone going to Hampstead, between eight and nine o'clock, of a silver watch and a pair of buckles by two men on foot; they stopped my horse, I saw one of them on my right side had a pistol, one of them said, d - n you, deliver: they took my watch and buckles, and also my money, which I have not laid in the indictment; the tallest of them, at my going away, gave me a shilling, and said I was a brave fellow. It was so very dark, that I could neither distinguish their faces or cloaths. I advertised the watch, and on the 18th I saw it at a pawnbroker's again, I saw my buckles in Charles Weyland 's hands, the Turnkey of New-prison.

Joseph Watson . I am a pawnbroker, I received this watch (producing one which the prosecutor deposed to) from John Smith , otherwise Lattey, and one Kennedy was with him, I lent him two guineas on it.

- Kennedy. I know the prisoner, and have been acquainted with him about a month, I am a cooper: Allen Lattey I knew from a boy, but had not seen him since I left the regiment, I was a serjeant. I met with him in London about a month ago, and being told who he was, for being grown I did not know him, I invited him to my house to dine; he came and brought the prisoner with him, the Sunday before he was taken up, and they went away in the evening about five or six o'clock. The next morning Lattey came to me at my work between ten and eleven o'clock, he sat in the shop, and said he wanted to raise money, and he must pawn his watch.

Q. Was any body with him?

Kennedy. No. I went with him to Mr. Watson, there he pawn'd it; on the Friday night I saw the prisoner, I believe it was in Parker's-lane at a private house, I am not acquainted in that part of the town. I was going along, and Lattey passed by me himself ; he said, he was going to a publick-house, (pointing to one) and wanted me to drink. I went on to do my business, and then went there to him, where we had two tankards of beer; there was another person with him, which he said was a surgeon, whose name is Crosby ; he said, Hambleton is very bad and not likely to live, and that is his surgeon: I went along with them to see him, where he was lying in Parker's-lane; I spoke to him, but he made me little or no answer being very weak.

Q. Had you any discourse with him about that watch, or the robbery?

Kennedy No, never. The surgeon took the prisoner to his own house, in an Alley near Drury-lane: the next day I went down to Mr. Watson's, he having sent to me, to let me know the watch was not honestly come by, and was advertised ; while I was gone with him, in endeavouring to take up Lattey, I was informed the prisoner was gone from the surgeon's to my house, where he was taken.

Q Don't you know he was found in your house concealed in a closet up two pair of stairs.

Kennedy. I was told so, but that is not my apartment.

Q to Watson. Did you sead for the prisoner that time?

Watson. I did, having seen it advertised I sent for him to tell him.

Charles Wheeler . Lattey and Hambleton were committed, upon suspicion of the murder of my lord Harrington's Cook, to New prison, where I am Turnkey, (he produces a pair of silver buckles which were deposed to by the prosecutor to be taken out of his shoes when he was stopp'd) these buckles I found in the pocket of Lattey, who I find is since dead in Newgate; Lattey cleaned them as his own, and Hambleton desired I'd return them to him, saying, they were Lattey's property.

Prisoner's Defence.

I am quite innocent of the affair.

Acquitted .

He was detained to take his trial next sessions for the murder of my lord Harrington's Cook.

488. (M.) Edward Thompson was indicted for that he, on the King's highway on John Leadbeater , did make an assault, putting him in corporal fear and danger of his life, five guineas, one half guinea, and fourteen shillings in money numbered, from the person, and against the will of the said John, did steal, take and carry away , August 8 .*

John Leadbeater. On the 18th of August I was going in a post-chaise to my own house at Barnes, in Surry, I intended to go as far towards home, as the chaise would carry me on this side the water, and about eight o'clock in the evening, in the lane leading to the water side from the Bohemia Head, I saw a person come up to the chaise, there was one Mr. Dell in the chaise with me, and said to the post-boy turn your head the other way, or I will blow your brains out, the chaise then stopt; he then put a pistol into the chaise, and said, give me all you have, or I will blow your brains out, or words to that effect; I gave him five guineas, half a guinea, and six or seven shillings in silver, which I put into his hand; he then demanded Mr. Dell's money, and while he was taking that I was striving to save some little trifle, which the prisoner observing, said, d - n you, don't trifle with me, for I will search you afterwards, and if you have any thing I'll blow your brains out. I then told him, I thought he had a pretty good booty, and might give us something back again; the prisoner then said, d - n you, I have dropped something, you may take that if you will, the post-boy then got down and found a shilling.

Q. Are you sure the prisoner is the man?

John Leadbeater . As it is in a case of life and death, I will not take upon me to swear that he is the man.

Q. Was it so light that you could distinguish his Face ?

Leadbeater. I could.

James Dell . I was in company and in the same chaise with Mr. Leadbeater, and was going to Kew, we were stopt in the lane that goes from the King of Bohemia's head to Cheswick, by a single highwayman, and I really believe the prisoner to be the man.

Joseph Nicoll . I am the post-boy that drove the chaise when the gentlemen were robb'd, and am sure the prisoner is the man that did it; I had seen him many nights before, and once in a morning he rode round my chaise several times, but never stopt it before. I took particular notice of him the first night.

Q. How light was it at the time the chaise was stopt ?

Nicoll. A person might see to read very well at that time.

Q. Are you sure the prisoner is the man?

Nicoll. I am sure he is the man.

Cross Examin'd.

Q. Where did you see the prisoner at any other time?

Nicoll. The first time I saw him was at Hide-Park Corner, about a week before this robbery was committed, he rode overagainst the chaise for twenty yards together, and seemed to take great notice, and when we came just by the half way house to Kensington, he turn'd round and look'd into it: When I came to Kensington he asked me whose chaise it was, I bid him go look.

Q. Was any body in the chaise at this time?

Nicoll. There was.

Q. Did he attempt to rob them?

Nicoll. No, he did not.

Q. Was you ever in company with him?

Nicoll. No, no further than seeing him at four different times before ride by my chaise.

The prisoner said nothing in his defence, but call'd the following witnesses.

Mr. Moore. I live in the Strand, and have kept the house these nine years, I have known the prisoner near eight months, he work'd for one Mr. Brown, a printer, near St. Martin's-lane in the Strand; I was present when their boy came in on the 18th of August, about six in the evening, from the prisoner with his compliments and thanks to me for some tea and bread and butter my wife had sent him that afternoon ; he came home himself about nine o'clock, he lodged and boarded with me, and never was out of my sight, except when he was at work, and at sleeping time. I can give him the character of a very sober man, one that was never given to any extravagence, and one that always kept good hours.

Q. Did you ever see him booted ?

Moore. The most times I ever saw him booted was twice, and both times on a Sunday.

Q. to the post-boy. Did you ever see the prisoner about your chaise on a Sunday?

Nicoll. No.

Q. to Moore. Did the prisoner keep a horse ?

Moore. No, he never did.

Mrs. Moore. I have known the prisoner Thompson ever since the beginning of last April, he has lodged in our house ever since ; upon the 18th of August we had Mr. and Mrs. Kelly, and Mrs. Mercer drinking tea, the prisoner did not come home, so I sent him some; while we were drinking tea, Mr. Kelly said, when he had done, he would go to Westminster to look at a lodging, and that he would call at Mr. Brown's and take Mr. Thompson along with him. Mr. Kelly went, I desir'd him to make haste home to supper, and Mr. Thompson and Mr. Kelly came home together about nine o'clock.

Q. Was the prisoner booted?

Moore. No, he was not.

Q. What dress was he in?

Moore. He had on a brown coat, a light waistcoat, black breeches and stockings.

Q How came you to remember the day?

Moore. We was to have gone up the river that day, but it happening to be a wet day we could not go, so we appointed the next day, which was Sunday, and we were obliged to get a warrant to authorize the waterman to carry us, and here is the warrant (producing one) dated the 19th.

Q. During the time the prisoner lodged at your house, how often did you see him booted?

Moore. Twice: he always behaved himself well, and during the time he boarded with us, he never was absent at supper time, unless we were all out together.

Richard Kelly . On Saturday the 18th of August, my wife and I, and Mrs. Mercer, drank tea at Mr. Moore's, about six o'clock in the evening, the prisoner was not there, but there was some tea sent by Mr. Moore's apprentice to him, I was going to Park-street, Westminster, to look at a lodging, so I said I would call upon Mr. Thompson, and take him with me, which I did, and then it was about half an hour after six o'clock; we went to one Mr. Cane's in Park-street, Westminster, and after we had seen the lodging we went into the Park, and into the Mall, where we met with Mrs. Moore of Maiden-lane, and her sister, we staid some time in the Mall, from thence we made it in our way to see the ladies home: we parted from them about nine o'clock, and we was at home by a quarter after nine; and from the time we went home the prisoner was never out of my sight that night till after eleven o'clock.

Miss Cane. On the 18th of August, about seven in the evening, the prisoner and Mr. Kelly came to our house to enquire where he must go to look at the lodging; the prisoner was drest in a brown coat, black waistcoat and breeches, and black stockings.

Mary Simms . On Saturday the 18th of August the prisoner came with Mr. Kelly to look at my lodging, and Mr. Kelly came and gave earnest for it on the 21st.

Q. What time was it they came to look at them ?

Mary Simms . I cannot be positive what time it was.

Miss Simms. I remember Mr. Kelly's coming to my grandmother's to take lodgings, the prisoner at the bar was with him; it was on Saturday the 18th of August after dinner, but I don't know exactly the hour.

Q. What colour cloaths had the prisoner on?

Simms. A lightish brown coat and a silver laced hat.

Miss Moore. On Saturday the 18th of August, I was in company with my sister in the park, there we met the prisoner in company with Mr. Kelly, at a little after seven in the evening, and parted with them at my own door at nine.

Q. Had he any boots on?

Moore. No, he had the same dress on that he works in every day.

Sarah Moore . I live in Maiden-lane ; on the 18th of August, about seven o'clock in the evening, I was in company with my sister in the park, we met the prisoner and Mr Kelly together, they continued in our company till nine, and parted with us at our own door.

George Hambleton . I work at Mr. Brown's the printer, where the prisoner work'd, the prisoner is a compositor, and did not work in the same room that I do: I cannot take upon me to swear whether he was there that day or not.

Mr. Mercer. I am clerk to a banker; on the 9th of June the prisoner at the bar delivered this letter to me, (producing one) which was read to this purport:

London, Nov. 22.

SIR,

Should the Bearer hereof have Occasion for 20 Pounds, please to supply him with that Sum.

From your's, &c. Richard and Thomas Dawson

I asked him whether he would have the money or not, he took up five pounds, and on the 6th of August he took up five guineas more; so that when he was taken up there was nine pounds fifteen shillings he might have had for drawing for; and he had a further recommendation by Alderman Dawson, that I would have supplied him with five, ten, or more guineas.

Acquitted .

He was a second time indicted for that he, on the King's highway, on James Dell did make an assault, putting him in corporal fear and danger of his life, one silver watch, val. 50 s. one steal seal, and four shillings in money numbered , the goods and money of the said James, Aug. 18 .

This robbery being committed at the same time, and the same witnesses as in the former trial, he was Acquitted .

489 (M.) John Nelson was indicted for stealing two pair of boots, val. 20 s. the property of Robert Ricdal , Oct. 14 . +

Acq .

490, 491. (L.) John Lampuck and Francis Huger were indicted the first for stealing one silver wax candlestick, val. 8 s . the goods of John Priest ; and the second for receiving the same, knowing it to be stolen , Aug. 8 . ++

Both Acq .

(L) John Lampuck was a second time indicted for stealing one silver nossel, val. 5 s. and six ounces of silver folder, val. 12 s. the goods of John Priest , Sept. 15 .

++ Guilty 10 d.

[Whipping. See summary.]

492. (L.) Francis M'Cormick was indicted for stealing one silver watch, val. 30 s. one stone seal set in gold, val. 10 s. and one silver seal, val. 2 s the goods of John Hutton , Oct. 10 . ++

John Hutton . I am master of a corn vessel , I live at Sandwich in Kent; on the 10th of October the prisoner came on board my vessel, which lay at Wool Key , at midnight; I was in bed and had left the skuttle a little open to give me air, I believe he came down that way, for the skuttle was quite lifted off, I happened to awake just at twelve o'clock, and saw the prisoner standing as upright as the monument in my cabin. I was very much startled, the moon shone very bright; I gave myself a little consideration what I had best to do, and now I might best attack him; I thought there might be some danger in coming out to breast him, for fear he should have arms, so I thought if he went to go away I would take hold on him: when the prisoner found I was awake he moved off, and got up two steps of the ladder, and was one foot upon the third, I then walk'd my man that lay in the next cabin, and told him there was a thief; and as the prisoner was just got within one step of being out of the cabbin, my man catch'd hold on him by one leg, and I by the other, and we pull'd him down directly into my man's bed, which is near the ladder. My man then said, master see that he has not got your watch, I was afraid it was gone, but I had no occasion to search his pockets, for when the prisoner sell the watch fell with him ; I then said, Jack, we have no need to search his pockets, for here it lies close by him. We then took him ashore to the watch-house, and he was committed to the Compter for that night.

Prisoner's Defence.

I designed to go on board a Winstable hoy that I came up from Winstable in; I was very much in liquor and mistook the hoy, and went on board of this vessel, when I got into the captain's cabin, I found myself mistaken, and was coming out again when the captain laid hold of me.

Guilty .

[Transportation. See summary.]

493. (L.) Priscilla, wife of Richard Davis , was indicted for stealing one silver spoon, val. 10 s. the property of William Strahan , Sept 17 ++

William Strahan . I live in Shoe-lane, and am a Printer ; the prisoner sells greens, oysters, &c. near my house, my back door generally stands open to let in the men, the prisoner came in that way and took it out of the kitchen; on Monday the 17th of September she was taken and carried before my lord mayor, and she confessed the taking of it.

Samuel Prior . I am a pawnbroker, on Monday the 17th of September this spoon (producing one) was brought to me to pawn by the prisoner at the bar, I ask'd her whose it was; she said, what was that to me whose it was; she asked 8 shillings upon it. I told her I would know whose it was before I lent any money upon it; I kept the spoon in my hand, and when she found I would not give it to her again, she said it was a young woman's that was at her house: I said I would go with her, and carry the young woman the money. I went along with her, but as I went along she said I must not see the young woman, and that I should not go to her house; so I then carried it home, and next day a young woman came for the spoon, but as she could give no particular description of it, I would not let her have it.

Ann Green. I am servant to Mr. Strahan; I left a pan at the prisoner's house, and told her she might bring it home; she came and brought the pan home, and put it into the kitchen, and when she found nobody was there she took the spoon and put it into the pan, and carried it back again to her own house; some time after she sent to me and confessed that she took it after the manner that I have describ'd; we missed it about a quarter of an hour before she sent.

Prisoner's Defence.

The pan was brought to my house by the last witness, it was a kitchen-stuff pan, and, indeed my lord, the spoon was in the pan among the stuff. I sent and told her it was in the pan ; she desired I would not say any thing about it, for she would not have her master know it.

Q. to Green. Was their kitchen stuff in the pan?

Green. No, it was empty.

For the Prisoner.

Matthew Arnold . I have known the prisoner a great many years ; she never wrong'd me, but I have heard that she has others.

Guilty .

[Transportation. See summary.]

494, 495. (M.) Richard Holmes and George French , were indicted for that they, in a certain field, or open place, near the King's highway, upon Henry Ripping did make an assault, putting him in corporal fear and danger of his life, and one hat, val. 2 s. the property of the said Henry, from his person did steal, take and carry away , October 4 .*

Henry Ripping. I am an officer of the Excise ; on the 4th of October, about eleven o'clock at night, as I was coming home from duty the two prisoners came behind me in Middle Moorfields , the prisoner French knock'd me down with an oak stick, the prisoner Holmes was a pretty way off; as soon as I received the blow, I call'd out, Murderers ! Thieves! Highwaymen! then they took my hat and ran away. After they as taken the prisoner Holmes said, I was beholden to him, for French had sharpen'd a knife to cut my throat, but only he begg'd him not to kill me; the knife is here in court, they said they had sold the hat for one shilling, and shared six-pence per piece: I am sure the prisoner French is the man that knock'd me down.

Peter Young . I saw the prisoner before the justice, and heard them both confess that this was the stick (producing one ) that the prisoner was knock'd down with, it was found near the place where the prisoner fell.

Mr. Warriner. I am the justice's clerk, I heard French confess he knock'd the man down, and own'd that to be the stick; he said, he took away the hat, and sold it to an old cloaths woman for a shilling, and shar'd the money, and that Holmes had six-pence ; Holmes said, he was in company with French, but was at a distance, and that French would have kill'd the prosecutor if he had not gone up, there is the knife in court, with which French was to have cut his throat.

The prisoners had nothing to say in their defence, but Holmes call'd the following persons to his character.

Susannah Goater . I have known him 18 or 19 years, he always bore a very honest character.

William Barton . I have known him ever since he came from sea; he has a very good character.

Joseph Winepress . I have known the prisoner about two months, since he came from sea, he always had the character of a very honest man.

James Williams . I have known him about 8 weeks, I never saw any thing but that he was a very sober well-behav'd man.

French guilty , Holmes Acquitted .

[Death. See summary.]

496. (M.) Martha Fleetwood , widow, was indicted for stealing twenty-three shillings in money numbered , the money of John Oaks , Oct. 1 .

++ Guilty 10 d.

497. (M.) Esther Springet , was indicted for stealing two cotton gowns, val. 16 s. one shirt, val. 2 s. two shifts, val 18 d. three check aprons, val. 1 s. two towels, val. 3 d. and one linnen bag, val. 1 d. the goods of Anthony Dobbings , Oct. 10 .

+ Guilty .

[Transportation. See summary.]

498. (M.) Christian , otherwise Sarah the wife of James Harrison , was indicted for stealing one linnen sheet, val. 10 d. and ten pounds weight of feathers, val. 2 s. 6 d. the goods of Alexander Plumpton , out of a certain loding room let by contract , Oct. 10 ,>

+ Guilty 10 d.

[Whipping. See summary.]

499. (M.) James Beauchamp was indicted for stealing one copper tea kettle, val. 4 s. one copper saucepan, val. 4 s. one brass candlestick, val. 2 s. one silver spoon, val. 15 s. four gold rings, val. 40 s. four shirts and two pair of linnen sheets , the goods of John Bellinger , July 15 . +

It appear'd by the evidence of the prosecutor that the prisoner was a Marshalsea court officer , and had been employed by him to get in his debts, and used frequently to come to his house; and that he decoy'd the prosecutor's wife, who went to live with him, and she took the things for the prisoner's use. The things were all produced in court, which were deposed to by the prosecutor, who was taking them away as his property; but as he was going out of court, the prosecutor's wife appear'd, the prosecutor then came back and deposed to her, as being his property, therefore he took her with him as well as the goods, and the prisoner was Acquitted .

500. (M) Mary Thornton , widow, was indicted for that the, on Mary Larkin , an infant about the age of five weeks, did make an assault, and with both her hands, fix'd about the neck of the said Mary, the said Mary did choak and strangle, of which said choaking and strangling the said Mary died , May 31 . +

Francis Bourne . I brought a child of mine from Rochester to London, in last May, in order to get it into the Foundling-hospital.

Q How came it to be called Mary Larkin ?

Bourne. It was called after its mother's name, it was a bastard child, I deliver'd it to the prisoner at the bar, in order to get it in. I was recommended to her by the landlord of a public-house, where I drank. It was to have been put in in May or June, and the prisoner was to keep it till it was got in. I was to give her a guinea when she got it in, and 3 s. a week, so long as it was to be with her, before it was got in. I returned again to Rochester, when I had been there some time, the parish put me to the test, to know what was become of the child. I was obliged to come to London to the prisoner at the bar, to know what was become of it. She told me it was dead, and that she had paid 2 s. and 6 d. for coffin and shroud, to bury it in, and a week's board was owing, both which I paid, which was 5 s. 6 d. but she could not produce a certificate that the child was bury'd.

Matthias Chambers . I saw the last witness drinking at a public-house, and heard him say, he deliver'd the child to the prisoner at the bar. I did not see him deliver it, but I saw Mrs. Thornton, and heard her say in presence of Mr. Bourne, that it was a foul child, and would hardly live till taking-in day.

Q. to Bourne. Did you hear the prisoner say so?

Chambers. I heard her make some remarks on the child, but I cannot tell what. I think she said it was a poor puney child, and that she believed it would not live till taking-in day.

Chambers continues. After the child was dead, the prisoner came to the public house where she took the child from, and said, that the child was dead, and desir'd the man of the house to write down to let the father know that it was dead. She came several times afterwards to know whether the father was come up, or whether he was acquainted with the death of the child or not.

Acquitted .

501. (M.) William Stanley , was indicted for stealing a brown gelding, val . 6 pounds 6 shillings , the property of James Vaughan , Acq . +

502. (M) Isaac Clark and James Jackson , were indicted for that they in a certain field, or open place, near the king's highway, on Edward Menton , did make an assault, putting him in corporal fear and danger of his life, 3 s pair of stockings, val. 40 s. 3 worsted caps, val. 4 s. and a linnen bag, val. 4 d. the goods of the said Edward, did steal take and carry away , Sept. 26 .*

Edward Menton. On the 26th of September last, a little after 10 at night, as I was coming from Islington , 3 persons over took me just by the Dog-and Duck , it was so dark, I cannot say who they were, they past me, then all 3 turn'd about, and one of them knock'd me into a ditch, with his fist, they then took my bag, with the things mentioned in the indictment, and went away, I saw no more of them. I then cried out to the watch, and people came from the Wells to my assistance. I told them I was robb'd, and almost murdered, I was afraid to go home, so I went to Clerkenwell round-house, there I staid till 4 o'clock next morning, and then went home into Silverstreet. I advertised the stockings, but could hear nothing of them. The prisoners were taken up for another robbery, I went to see them in Bridewell, there the evidence Bullock said he knew me, and that I was the man they robbed of the stockings.

John Bullock . On the 26th of September, the two prisoners at the bar and I met the prosecutor up by the Water-works, it was about 11 at the night, we follow'd him down till we came to the Dog-and Duck, there the prisoner Clark knock'd him down, then he took a bundle of stockings and went away. In about an hour after, I went to his lodgings, then we went and pawn'd the stockings at several places, and shar'd the money, which amounted to about 9 or 10 shillings a-piece.

James Brabrook. (He produces some stockings;) I had these stockings from several pawnbrokers, all but one pair, which I took off from the legs of the woman that lived with the prisoner. Jackson said that Clark knock'd the prosecutor down, and took the stockings from him, and that he had part of them. Clark would not confess any thing.

Charles Rimmington . The prisoner Jackson sent for Brabrook to Old-Bridewell, and desir'd him to get him admitted an evidence. He said he had been guilty of divers robberies, especially of knocking a man down in the fields, and stealing several pairs of stockings. He told Brabrook where he might go and find one pair, which was pawn'd for 18 d. we went and found them. ( Produc'd in court, and depos'd to by the prosecutor, by the mark B. O upon them.)

The prisoners had nothing to say in their defence, but Clark called the following witnesses to his character.

John Bonner , I live at Queenbithe, and keep the Sun-and-Wheatsheaf, I have known him this 16 years, I never knew any thing of him of this kind in my life, he was guilty of a little drinking, or so, but not of such things as this.

William Martin . I live in Thames-street, and am a Smith, I have known him these 18 or 20 years, he always had the character of a good working fellow; he has been guilty of some little follies, as drinking, and not behaving so well as he should do.

Mary Pance . I have known him several years, he has a very good character as far as ever I heard.

Mary Dormant . I have known him these ten years, he liv'd errand-boy where I was servant, and was very honest, I never heard the contrary till now.

John Jarvis . I have known him above 15 months, I never knew any thing amiss of him, before he was link'd into this company, but what he was a very sober young man.

William Barlow . I have known him going on these eight years, he had, as far as I know, a very good character.

John Coggen , I have known him above this 12 month, he has a very good character.

George Saxby . I have known him about three years, he always bore the character of a very honest man.

John Tongue . I have known him about seven years, he always bore the character of a very sober young fellow.

Sarah Vane . I have known him about thirteen years, I never knew any thing amiss of him till some months since he has been linked into this gang.

Both Guilty . Death .

503. (M.) James Hayler , was indicted for the wilful murder of John Proby , Sept. 26 . He stood likewise charged on the coroner's inquest for the said murder. +

Mary Moody . I live in Phoenix-street, Spittal-fields ; on the 9th day of September, between two and three o'clock in the afternoon, as I was sitting in my room, I heard the deceased cry out, Lord, lord, lord, I got up and ran to the window, there I saw the deceased striving to get away from the prisoner, but the prisoner held him. I saw the prisoner striking him on the right side of the head with a hammer ; I cried out, and my neighbour, the next witness, came to me, the deceas'd then got up, and went into the house where he lodg'd ; he went into the kitchen, and the prisoner was secured by one Mr. Field. I saw the deceased about an hour afterwards in Mrs. Reed's kitchen, where he lodged, he was very bloody, there had been no Assistance sent for, we could not prevail with him to get assistance till 5 or 6 o'clock, he then went to Dr. Simpson's, and two of our neighbours went with him, I saw them go, but did not go myself, he was then very weak, but he could walk. Dr. Simpson sent him to the Infirmary, I went to see him about a week after he was there, he said he was very weak, but hop'd he should get over it.

Q. Did he tell you what was the matter with him?

Moody. I did not ask him.

Q. Did he tell you how he came by this blow?

Moody. No, my Lord.

Q. Did he tell you of any thing that had happen'd between him and the prisoner?

Moody. No, he did not tell me any thing about it.

Q. Was there any previous quarrel, or any ill-will between them ?

Moody. I don't know that there was.

Q. Do you know how the affair begun?

Moody. I do not. He died on the Wednesday, and I saw him on the Saturday afterwards. I saw his head uncover'd, and his skull all open.

Q. Do you mean his skull was open'd by the surgeons, or by the blow of the hammer?

Moody. By both, I believe, for before he went to the infirmary, there was a cut so long that one might lay ones hand in it.

Q. Did you see any marks of the hammer?

Moody. I was not so near to examine so far as this, he was so nauseous nobody could go near him.

Cross Examined.

Q. Did you know of any quarrel between them?

Moody. No.

Q. Did you look upon the prisoner at the bar to be a person in his senses or not?

Moody. He always behaved in his senses so far as ever I saw.

Q. Do not you look upon him to be of a weak understanding ?

Moody. I do not.

Q. Did not they work together?

Moody. They did, and was seemingly good friends.

Q. Was it not the opinion of the world, that the prisoner was a weak infirm person?

Moody. Not as I know of.

Q. Was there no weapon in the deceased's hand?

Moody. No, none at all.

Phebe Hoard . I live in Phoenix-street, Spittal-fields, in the same house with Mrs. Moody. On the 9th of September, between 2 and 3 o'clock, as I was sitting in my own room, I heard an outcry of murder, and having two rooms on a floor ran to a back window and look'd out, there I saw the prisoner laying on the deceased over the head with a hammer, just underneath the window; I saw the hammer in his hand, and spoke to the prisoner, and said, Lord Jesus! James, how can you do so ? he made no answer but kept laying him on, I saw him give five or six blows, the deceased then got away and walk'd into his landlady's kitchen, and I never saw the deceased afterwards, till he was dead, which was about a fortnight and three days, or thereabouts.

Q. When you saw him did you take any notice of his head ?

Hoard. I saw his skull open, it was saw'd off by a surgeon, it was much broke on the right side.

Q. Which side did you see the prisoner strike the deceased on, when you look'd out of your window?

Hoard. On the right side of the head, and I saw the skull broke in the same place.

Q. Had the deceased any weapon at the time the prisoner took him?

Hoard. No, he was upon the ground all in a heap, and the prisoner striking him.

Mary Reed . I live in Phoenix-street, Spittal-fields, in the same house with Mrs. Moody, and have known the prisoner about two years, and the deceased above six years; on the 9th of September, between two and three o'clock, I heard some body cry out Murder! I ran and opened the door, and saw the prisoner striking the deceased, he struck him two blows with a broad hammer; the deceased was endeavouring to open our door; he cried out, O Lord! O Lord! the prisoner then got away, and went back into his own room, but did not speak a word to me nor I to him. The deceased came into my kitchen, he was all over bloody about the head, and said to me, I cannot tell what I have done to him, meaning the prisoner, for I have not offended him ; he staid at our house till five or six o'clock, and then went to Dr. Simpson's, who sent him to the infirmary. I went and saw him there the next day, I asked him how he did, he said he was but very poorly, and further said, he had no words with the prisoner at all, I went three or four times in all, the third time I went he said, he was quite cheary and purely, and was in hopes of coming out again; the fourth time I went he was so bad he could not speak to me.

Q. Did he get at any spirituous liquors?

Reed. Not as I know of.

Q. When did he die?

Reed. On the Wednesday.

Q. Was there any previous quarrel between them?

Reed. They both fought together, and the deceased served the prisoner with a warrant, which I believe was the reason he ow'd him a grudge.

Q. In the time you say you knew the prisoner did you ever see him out of his senses?

Reed. No, I never did.

Q. What was the general opinion of the people where he liv'd, did you ever hear any body say he was out of his senses?

Reed. No, my lord, I never did.

Robert Field . I am a headborough and live in Spittal-fields, and keep a publick house; on Sunday the 9th of September one Mrs. Dupeer came to me about two o'clock in the afternoon, and said there was murder done, I went with her to Phanix-street, Spittal-fields, and found the prisoner in a room, but the deceased was not there, I believe this was the prisoner's own room, we brought him down stairs where the deceased was, there somebody asked where the hammer was that he struck the deceased with; he said it was under his bed in his room, and Mary Reed went up stairs and found it there.

Q. to Reed. Did you find the hammer under his bed?

Reed. I did, it is my hammer, (the hammer produced in court, it seem'd to be a shoe-maker's hammer with a broad face) and I am sure it is the same hammer I saw him strike the deceased with. (The hammer was shewn to the other two witnesses, who said it was the very hammer they saw the prisoner striking the deceased with.)

Q. to Field. Did the deceased say the prisoner struck him with that hammer?

Field. No, he did not, he was bleeding: I secured the prisoner, and the deceased was carried to the infirmary that night, where he remained till his death. I never saw him afterwards.

Samuel Proby . I am brother to the deceased; I saw nothing of the striking, but went to see my brother in the infirmary, he told me that he was abused with a hammer by the prisoner, and that the prisoner had broke his skull. I asked him if he had had any difference with the prisoner; he said no, not of late, that it was five or six months before; he said he had taken out a warrant against the prisoner, and carried him before Sir Samuel Gower , for beating him, and that he thought he bore him a grudge on that account.

Q. Had your brother any other ailment upon him at that time ?

Samuel Proby . No, not any, he was a very hearty man.

Q. Is the prisoner thought to be a man out of his senses ?

Proby. No, not at all.

Q. Is he not thought to be a weak man?

S. Proby. No, he is not.

Prisoner's Defence.

He was a very quarrelsome fellow, and was always picking of quarrels; he was a very great thief, and has robb'd me of victuals, drink and cloaths. When I have been talking with persons, he has come and call'd me fool and them fools, and aggravated me very much! the day this happen'd there was none in the house but he and I, we quarrelled, and he ran up stairs and came down again with a hammer in his hand and struck at me, but he missed me ; so I took it out of his hand, and said, you old son of a b - h, I'll serve you as you would serve me.

The prisoner call'd, Peter Perry Monier , John Perry Monier , and Mr. Lawrence, to prove he was a melancholly, half-witted, or crazy person; but they could give no account of him for nine years last past.

Guilty , Death .This being Friday he received sentence immediately, to be executed on the Monday following, and his body to be dissected and anatomiz'd .

504. (M.) Martin Sullivan was indicted for returning from transportation before the expiration of his time . ++

William Harris deposed, he was an evidence on that trial that the prisoner was cast for transportation, and he saw him receive sentence.

Guilty , Death .

505. ( M.) Lothary Kelly was indicted for stealing one purse, val . 1 s. one guinea, one half guinea, and twenty shillings in money numbered, the property of Francis Bucknall , privately from his person , Oct. 6 . ++

It appear'd that the prisoner and prosecutor lay together, Oct. 6, the prosecutor missed the prisoner and his money in the morning; he pursu'd and took the prisoner, and the money mentioned was found upon him, which he said the prosecutor gave him.

Guilty of stealing, but not privately from his person .

[Transportation. See summary.]

506. ( M.) James Gallaher , was indicted for the wilful murder of AEneas Turney , October the 20th ; he stood also charged on the corner's inquest, for the said murder.

William Pearson . I live at the corner of Cavendish-Street, Oxford-Road ; on the 20th of the instant, between 7 and 8 o'clock, I happen'd to be at the sign of the Green-man, in High-street St. Giles's ; there was Dennis Bourne , William Gee , John Rabbit , Robert Biggs , the deceased, and myself, in company together: The prisoner is an oyster-man , he came in to offer his oysters to sell, the landlord of the house, William Gee , brought a penny worth of the prisoner; after he had open'd his, I asked him to open me a penny-worth, I took them up in my hand, he then said, he would not open me any, upon which I threw them into his basket again; he said, I ow'd him a penny, I told him I did not know that I ow'd any man in the world a penny for oysters, I told him, he ought to have a lick of the head, for challenging men with owing money to him which they did not ; he then catch'd up the knife that hung by his side to open the oysters with, and said, how would you like that to be in your gutts, (he produced the knife, which was a Dutch knife, sharp pointed, and all bloody up to the handle,) the deceased at this time sat on a coal box by the fire side, very near me and the prisoner, and said, to the prisoner, you scoundrell, how dare you draw a knife upon another man, upon which the deceased endeavour'd to strike the knife out of the prisoner's hand, the prisoner then struck the deceased on the right side of his head with his left hand, upon which the deceased rose up from his seat, and there was some blows ensued, there was one fall, they both fell together, and the deceased was uppermost, upon which Mr. Gee took up the deceased off from the prisoner, and said, don't let me have any disturbance in my house; the deceased then said, in a very faint tone, Lord, what would you have me do. He then stagger'd like a drunken man, fell flat upon his back, and never spoke another word: Mr. Gee took the deceased up from the ground again, upon which the prisoner at the bar tried to make off, out of the door as fast as he could; then Mr. Gee call'd out to me, and the other people that was there, and said, Stop him! hold him! hold him fast, the rogue has stabb'd the man; upon which I and another ran to the door after him, and pull'd him in, as soon as we got him within-side the door, he lays hold on the same knife in his right hand and made a full stab at me, saying, d - n your blood you dog, I'll stab you too; with that I catch'd him by the wrist which had the knife, with my left hand, and held it fast, and then hit him in the face with my right hand several times; I then catch'd hold on the knife by the handle, and made several jerks to break the string which it hung to by his side; the string being too strong I could not break it, upon which I called for a knife, and had it cut off. I look'd at it, and found it was bloody up to the very handle, I then sent for a constable, and delivered the knife and the prisoner to him.

Q. Did the deceased strike the prisoner first before he stabb'd him?

Pearson. No, he did not, he only catch'd at the knife, but did not make any blow at him at all.

Q. Had the deceased any weapon in his hand?

Pearson. He had no more than I have at present, indeed my lord.

Q. from the prisoner. Did not some of the company pull me by the hair and make game of me?

Pearson. There was no such thing that I saw.

Dennis Bourne confirm'd the last witness in every particular circumstance.

William Gee . I keep the Green Man where this unfortunate accident happen'd, (he goes on and repeats every particular circumstance with Mr. Pearson, down to his seeing the deceased reel like a drunken man, and saying, Lord, what would you have me do, and then goes on and says ) I took him up and put him between my legs, and desired to have some water, for I thought he had been in a fit ; as I held him I felt something very warm against my right hand, I look'd and found it was blood, upon which I cried out, stop the rogue, he has stabb'd the man.

Q. Was the deceased a quiet inoffensive man?

Gee. He was as ever I knew in my life.

Q. Was there any weapon in the deceased's hand ?

Gee. No, there was not.

Q. Was the prisoner struck with any weapon by any body in the house ?

Gee. No, he was not struck with any thing at al, but Pearson's hand when he brought him in.

John Rabbit . The night this affair happen'd I was going into the Green Man, (I was not there at first) and just as I entered the door I saw the prisoner and the deceased fall, I made up to them as fast as I could, and as soon as I got up to them, I observed the deceased was uppermost, endeavouring to get from the prisoner, but could not, because he held him down with his left hand; somebody standing by said to the deceased, what are you at, why don't you get up? his answer was, he won't let me. While the prisoner held the deceased by the collar with his left hand, I saw a motion of pushing with the prisoner's right hand, (I did not mind that there was any thing in his hand) the deceased was still endeavouring to get up, which kept his body at a good distance from the prisoner; but the deceased had no sooner uttered the words, let me get up, but I saw an uncommon shivering all over the deceased's body, such as I never saw any thing of the kind before in my life, it was as though he was endeavouring to get from the fatal blow, the prisoner then took his hand from the deceased's collar, and Mr. Gee took him up and set his back against the bar. I then heard somebody say, (but who it was I cannot tell) Turney ! what do you die dunghill? he then clapp'd his two hands to his breast and said, What would you have me do? and dropp'd down dead immediately, then Mr. Gee call'd out, Stop the rogue, he has stabb'd the man. I was one that endeavoured to secure him.

Robert Biggs was call'd, and deposed to the same purport as the last witness.

Mr. Smith. I am constable, I had this knife delivered to me (looking at it) by Mr. Gee the landlord of the house ( the knife was shown to all the other witnesses who all deposed that it was the very knife that was taken away from the prisoner.)

James Mophett , surgeon, deposed, that he examin'd the wound, which was of the depth of between three and four inches; that the bag which contains the heart was pierced, and upon opening that found the heart itself was wounded ; and that he dared take upon him to say, that that wound was the cause of his death.

Q. from Mr. Mophett to Rabbit. Sir, please to give an exact account how the deceased and the prisoner lay?

Rabbit describes the position by himself and another person, supposing himself to be the prisoner and undermost; he takes hold on the others shoulder, the other endeavouring to rise from him at the same time, which made so large a vacancy between them, that Rabbit had the command of wounding him with his right hand.

Mr. Mophett. Indeed, my lord, the wound seems to be given exactly in that position, tho' there is a great possibility the wound might be given by accident, by means of the knife having such a long string, it might entangle with the cloaths, and his weight might have thrust the knife into his body, possibly the string might have turn'd the knife upwards so as to run into his breast.

Prisoner's Defence.

After I had been in the house and was going out, one of them came behind me and took my hat and threw it down, he then took away my wig, I turn'd back again and desired him to give me my wig, but he would not, I cannot tell which it was.

Q. to all the witnesses. Did you see him with a wig on?

They every one said they did not.

Prisoner continues. He call'd me son of a b - h, and kept pulling me by the hair, then some of them said bring him back again, with that the man that is dead ran and took up a little pocket, or some iron thing, and struck me: Gentlemen, says I, if I was where I was known, you would not use me so, then one d - d me, and another d - d me, then the deceased asked me if I would fight; they were all strangers to me except the landlord of the house; I never took the knife to stick the man since the hour I was born.

For the Prisoner.

Hugh Cary , James Calahan , James Fitz-henry and Matthew Delahankey , gave the prisoner the character of an honest good-temper'd man.

William Durham . I was in the house when this accident happen'd, the prisoner at the bar came in with his basket of oysters, and asked if any in the house wanted any; the landlord Mr. Gee had a pennyworth of him, then one Mr. Pearson asked him to open him a pennyworth, he goes on and repeats every particular as the former witnesses had done before : and when he was asked which struck first, the prisoner or the deceased; he said, after the knife was struck out of the prisoner's hand, to the best of my knowledge, the deceased struck first; but being asked the same question again, he said he could not be positive which struck first.

Guilty , Death .

This being Saturday he received sentence immediately, to be executed on the Monday following, and his body to be dissected and anatomiz'd.

507. (M.) William Edgill , otherwise Gilford , was indicted for stealing one bay gelding, value 7 l. the property of Samuel Seers , and one gelding, value 10 l. the goods of John Palmer Butler , Esq ; October 3. +

Samuel Seers . On the 4th of this month I was informed by Mr. John Bruiton , that my horse was stole from Turner's-Hall in Hertfordshire. I heard of him again at Paddington, where the man was stopped on suspicion; the next morning I found my horse in the custody of one Jackson at Mr. Fielding's, but cannot tell how he came by it.

Richard Butler . My horse was at grass in the same field, and was stole at the same time; I heard the prisoner and horse were stopped by Jackson at Paddington; I then sent a farmer to see after it, who brought it back to me, and I am sure it is the same horse that I lost.

Caleb Jackson . I live at Paddington, and keep the sign of the Wheat-Sheaf. On the second of October the prisoner brought two bay geldings, and called at my door at four o'clock in the morning, but I would not get up, for I found it was somebody drunk; I got up at five, or half an hour after, and when I opened the door there was the prisoner and the two horses, they had neither bridle, saddle, nor halter upon them, only two little bits of rope; he put them into the stable ; I thought he had stole them, but would not tax him with it. After we had eat and drank he asked me when Craydon fair was, for he would sell the horses there, and I told him it was yesterday ; he said he was very sorry for that, and ask me when market-day would be in Smithfield, and I told him on Friday ; he said that would not do, it was a long while to Friday ; he asked me if I could help him to any body that would buy one of them; I said, friend, if you come honestly by them, I will buy one; I then sent for one Mr. Holmes, and told him the affair, and desired him to buy the other, and not mind what price he gave, for I believed they were stole, so we bought them both, and gave him earnest on purpose to stop him; after we had gave earnest, we taxed him, and he said he had stole them; he said he brought them about 40 miles off on this side Northampton, and gave 10 l. in cash and a note of hand for 55 s. more. He sold them to us for 5 l. 5 s. I then said, now I'll undeceive you, I will stop you; the horses were advertised, and Mr. Bruiton came, and said they were stole out of his field, and that they belonged to the two former witnesses.

John Bruiton . I am a farmer, and live at Turner's-Hall in Hertfordshire. I missed the horses out of my ground on the first of October between 8 and 9 in the morning, I found them on the 4th in custody of the last witness ; I am sure they were the same I lost.

William Groom confirmed the evidence of Jackson.

Prisoner's Defence.

As I was coming along the road a young fellow came up to me, and said, hollo, what makes you go on foot, if you have any money, you shall buy a horse, so I bought two, and was to give him 15 l. for them ; I gave him 10 l. in cash and a note of hand for the other 5 l.

Guilty , Death .

508. (M.) Catharine Montague , spinster, was indicted for stealing one gawse shade, value 4 s. the property of Mary Swan , spinster, Sept. 20 . ++

No prosecutrix appearing, she was acquitted .

509. (M.) Anne Smith , widow, was indicted for stealing three pewter plates, val, 18 d. four knives and four forks, value 6 d. the goods of Thomas Giles , June 1.

Guilty 10 d.

[Whipping. See summary.]

510. (M.) Daniel Jones , was indicted for that he, in the king's high-way, on Michael Stapleton did make an assault, putting him in corporal fear and danger of his life, one cane, value 2 s. the property of the said Michael, did steal, take, and carry away , Oct. 1 .

++ No prosecutor appearing, he was acquitted .

511. (M.) Margaret the wife of Thomas Crosdale , was indicted for stealing one linnen sheet, value 2 s. the property of Stephen Lloyd , out of a lodging room let by contract , July 20 .

Acquitted . ++

She was a second time indicted for stealing one brass sauce-pan, value 2 s. a copper frying-pan, value 3 s. and a pewter dish, value 2 s. the goods of the said Stephen, July 20.

Guilty 10 d.

[Whipping. See summary.]

512. (L.) Edward Jones , was indicted for stealing four pounds weight of tobacco, value 2 s. the property of Robert Carey and Co. October 20 .

++ Guilty .

513. (L.) Samuel Kendal , was indicted for stealing an axe, val. 2 s. eight carpenter's plane, val. 8 s. two carpenter's ploughs, val. 3. one adds, val. 1 s. on hammer, val. 1 s. one pair of pinchers, val. 4 d. the goods of Samuel Williams , October 13 , ++ .

Guilty .

[Transportation. See summary.]

514. (L.) Jacob Eurekas Medezer , was indicted for stealing 20 pounds weight of tobacco, val. 15 s. the property of Isaac Cox , privately in the ware-house of the said Isaac , September 21 .

+ Guilty , 4 s. and 10 d.

[Transportation. See summary.]

515. (L.) Isabella Davis spinster, was indicted for stealing one woman's beaver hat, one cambrick apron, one muslin handkerchief, one yard and a-half of linnen lace, one cap, and 27 s. in money , the goods and money of Robert Matthew , October 23 .

++ Guilty .

[Transportation. See summary.]

516. (L.) Richard Derr , was indicted for stealing one silk handkerchief, value 6 d . the property of Benjamin Chaplin , October 5 , ++.

Benjamin Chaplain did not appear, and his recognizance was ordered to be estreated.

The prisoner was Acquitted .

517, 518. (M.) George Croaft , and Mary his wife , were indicted for stealing one 30 s. piece of gold, one moidore, six guineas, and 1 s. the money of Margaret Howard , spinster, August 4 .

++. Both Acquitted .

519. (M.) Job Horniblew , was indicted for that he, together with Dennis Neal , in a certain field, or open place, near the King's highway; on Joseph Rixton , did make an assault, putting him in corporal fear and danger of his life, and stealing from him one steel tobacco-box, value 6 d. one clasp knife, one iron key, and 4 s. and 6 d. in money number'd , September 17 .

J. Rixton. I am a shoe-maker , and live in St. Paul's Church-yard; on the 17th of September, very near 8 o'clock, coming from the Boo, a little beyond the Foundling-Hospital, I had got almost to the end of the field ; I heard a ask what a clock it was, it was very, (I saw nobody then,) I said I could not tell, immediately a man came up and clapped a pistol to my belly, and said, your money; I said you are welcome to have it: he took what I had, which was about four or five shillings, then he said, your watch; there were two other men with him, he ordered one of them to put his hand, into my left hand pocket, they were standing on that side me; I said, there is nothing but keys, they took them out, the man before me, said to the man, give them him again, which I thought they had done; but when I got home I missed one, they took out also a pair of spectacles, a penknife, and a tobacco-box; I could not see them, to discern who they were, they seem'd to be middle-siz'd men.

Joseph Randolph . The prisoner at the bar, Dennis Neal, and I -

Q. Where is Dennis Neal ?

Randolph. He is now confin'd in Winchester-Goal ; we were going towards the Foundling-hospital, Dennis said, if I like this man I'll stop him, he did, holding a pistol to him, the man was the prosecutor, he said, I must have your money, he took from him 5 s. and 6 d. and some half-pence, a tobacco-box, I took out some keys out of his left hand pocket, and delivered them to Neal, he gave the prosecutor them again; I took a penknife out of his right hand pocket, the prisoner stood close by with a pistol in his hand; Neal put the money in his pocket, and said, the tobacco-box would do instead of a pistol to put to peoples heads; then we went to Highgate, and spent some of the money.

William Norden . Last Friday was fortnight I had an information against Bowyer, for several robberies; we heard he used to lie in Chick-lane, we went and searched the house, and found the evidence and prisoner in bed together; we knew they had been guilty of many bad things, we saw a watch hanging by them, and there were boots and spurs; we turned the pillows over, and found two brace of pistols loaded in their pillowcases, then we searched further and found Bowyer ; we brought them all three to Clerkenwell-Bridewell, there Randolph wanted to be admitted an evidence; we took him to justice Fielding, who took his confession, this was the very first robbery he mentioned, I found the tobacco-box and penknife on Randolph; (produced in court, and the box deposed to by the prosecutor,) who said, one knife might be like another, and would not sware to that.

William Jones was with Norden in taking the prisoner, and he confirm'd his account.

Prisoner's Defence.

They found us in bed with these things about us, the evidence against us was in trouble last sessions.

Guilty Death .

See the prisoner an evidence last sessions, No. 396, and sessions before, 359, by the name of Joseph.

520. (M.) William Fuller , was indicted for that he on the King's-highway, on Mary Brown , spinster, did make an assault, putting her in corporal fear and danger of her life, and stealing 23 d. in money number'd , her property, October 23 .

No prosecutor appearing, he was Acquitted ; and the prosecutor's recognizance order to be estreated.

521, 522. (M.) Mark Shields , otherwise Charles , and George Hailey were indicted for that they, on the King's-highway, on Henry Beddew , did make an assault, putting him in corporal fear and danger of his life, and stealing from his person one hat, val. 2 d . his property, September 29 . ++.

Henry Beddow . I am a chairman and live in King-street, Westminster; on the 29th of September, a little after 11 o'clock at night, I was going to see a young woman home; as we were going across Soho-Square , I saw nobody till I had some hands clapp'd round my waist, then I found two men round me, they put their hands round my waistband and pockets without side, and found neither watch nor money; one said, d - n him he has nothing, then they both fell to cutting me with hangers, and holding up my hands to save my head got several cuts on them, ( he shewed several fears.) My hat fell off, and the young woman call'd out Murder ! they ran away, but one of them turned back, and said, D - n me, I'll have something, and took up my hat and followed the other. I am certain Shields is one of them, I saw a fear under his left eye, which I saw by the light of a lamp as he was cutting at me.

Thomas Preston . The two prisoners and I, on the 8th of this month, went out to the Long Fields together, to rob any body we could meet with; Shields told me, as we were going along, that he cut a chairman in Soho-square, and that he believed Hailey had cut his arm off; he said they did it the Wednesday before.

Q. Was you with them in this robbery?

Preston. No, I was not.

Prosecutor. I saw but two men.

Sarah Wild . This chairman went to see me home from Downing-street, where I had been at supper on New Michaetmas-Day; we were attack'd in Soho-square, just by my lord door, by two fellows, this was about eleven o'clock at night, they did not speak a word. Hailey was one I am sure, he laid hold on me by the left arm, and dragg'd me from the chairman, and by the light of a lamp I saw both their hangers and Hailey's face: I said afterwards I should know one of them, if it was ten years hence, he had a very black beard and pinch'd-in cheeks, and large eye-brows. Such as Hailey. I said, Lord have mercy upon me! Hailey, said, d - n the b - h, hold your tongue, or such words, they both of them cut the prosecutor, I ran in betwixt, and call'd, Help! Murder ! &c. Hailey kept cutting him while he had me by the arm. The prosecutor's hat fell off, and people coming to our assistance they ran away, but one of them came back and took up the hat, which he carried off. I went to see them at justice Fielding's, Hailey was in a room; (the justice was not there) and as soon as he saw me, for I had not spoke, he said, d - n you, what business have you here? I never did you any harm, so send for a pot of beer and let us drink together, and go about your business, if I had done you any hurt I'd own it.

Hailey. I said if you would give me a pot of beer I would tell you whether I was one that did it or not.

Henry Peal . Mr. Fielding desired I would produce this letter here, which he gave me, I don't know the hand-writing of Hailey, but to me he own'd this letter, and desired to be admitted an evidence.

The Letter was read in court, directed to Mr. Hewiston, Carpenter, in Little Catherine-street, Covent-Garden.

Dear Sir,

I make hold to acquaint you with my misfortune, in hopes you will excuse me for my so doing. Sir, I thought to let you know it when I was at justice Fielding's, but had not an opportunity. I have been concerned in those robberies of ate, Sir, be so good as to save my Life, by applying to Mr. Fielding and Mr. Brogden his clerk, to send for me, and I will make a full discovery of all I have done: the thief-takers have perswaded me so to do.

This in haste to save a soul alive,

From unhappy George Hailey .

Hailey. I wrote that letter on the account of my being in George's Fields one night with Preslon, who told me, if I would not stand by him he would take away my life, and there we cut two men*. The evidence will swear any thing to take my life away.

* The two men were Mr. Day and Mr. Townshend, who were attacked in the same manner the prisoner was, and unmercifully cut and wounded, but are recovering of their wounds.

Shields. The evidence has threatened to shoot me, he will swear any thing against me to take away my life. I once took him up for a forgery.

The prisoners had nothing to say in their defence; but Shields desired Richard Miles might be Examin'd as to his character.

Richard Miles . I know nothing good of him, he has borne the character of a common thief: I remember to have heard him, about two years ago, make his brag that he had hang'd two men.

Both Guilty , Death .

For Shields See No. 455. in Cockayne's Mayoralty, where he was an evidence against Holland and Thorrowgood. See also No. 80. in the Kingston paper for the year 1751, where the note. Penpraise and he gave evidence against an honest cobler, for a robbery in George's Fields, whose good character, given by neighbours of great Credit, outweigh'd all their hard swearing, which appeared to be for the reward only.

523. (L.) John Hine was indicted for wilful and corrupt perjury .

William Maschal . On the second of November a statute of bankruptcy commenced against William Sopp , I was present and saw the commissioners administer the oath. I was by when he was declared a bankrupt, it was at a coffee-house where the commissioners met, I was the clerk, and took the prisoner's deposition down on the 16th of November at Guildhall the second sitting; after he had sign'd it the commissioners gave him his oath, to make true answers to those questions which were afterwards asked him; 1st, whether it had been read to him: 2d, whether the contents of it were true: 3 d, and that the name was his hand-writing.

( It was read to this purport: )

John Hine , of the parish of St. Mary, Billingsgate, in the City of London, victualler, being sworn and examin'd the day, year, and place above written, upon his oath sayeth, that William Sopp , the person against whom a Commission of Bankruptcy is awarded, was, and now is, indebted to him in the sum of 70 l. 9 s. for goods sold and, deliver'd, and money lent; and faith, that he hath not received the same, nor any part thereof, nor any security or satisfaction for the same, except a not of hand of the said William Sopp , on order, for value received, dated the 3d Day of June, 1750.

And Robert Sopp , brother to the Bankrupt, was a petitioning creditor, as appeared on the same statute.

Robert Sopp . William Sopp , my brother, was indebted to me almost 200 l. some money lent him, some paid for him to keep him from trouble. I have notes and bills to prove the greatest part of it.

Q. Where are the notes and bills?

Sopp. They are at home.

Court. We should be glad to see them.

Sopp. I will go and fetch them. He went out.

George Seydon . I know William Sopp the Bankrupt, and John Hitie , who kept the Three Tuns in Darkhouse-lane : when I first came acquainted with the affair, which I shall hereafter relate, I kept the Dog and Bear Inn in the Borough, there William and Robert Sopp brought nine horses to my house, at which time there was an extent in William Sopp 's house, I believe Mr. Jones in the Borough was then in possession of his premisses. I went with the prisoner and William Sopp before the commissioners for the bankruptcy to prove a debt that very day; there was a paper drawn up between them at some house near Guildhall, which was a tavern, some head, I know not the sign. This was about nine weeks before last Christmas; there was a note drawn by the prisoner, which Sopp signed; then Sopp gave a bag to me with some money in it, and ordered me to deliver it to the prisoner Hine, which I did, and Hine delivered it to Sopp. This was all done in about two or three minutes. I don't know what sum it was; but there was thirty-six shilling pieces, for Sopp gave me three out of the same bag afterwards, to pay to the clerk of the commissioners, Mr. Maschal, which I did; then we went all three together before the commissioners, Hine proved the note under the commission, and he was after that made an assignee.

Q. What date was put to that note?

Seyden. It was dated 16 or 18 months back, but I will not be positive to the exact time. A note was shewn to him by the prisoner's council, with the commissioners names folded in.

Q. Is this the note?

Seyden. No, it is not, but when it was unfolded he said he'd swear it was the note.

Q. How long after the note being wrote was it that you went and proved it?

Seyden. It might be an hour or two.

Q. Who had it in their possession?

Seyden. Hine had.

Q. Was there any objection made to the shining of the ink being fresh wrote?

Seyden. No, there was not.

Q. Was the body of the note wrote before the date was put to it?

Seyden. Upon my word, I can't be particular as to that, I know it was consulted betwixt them two to date it back on purpose to prove it.

Thomas Woodman . I am an officer, and knew Mr. Hine in the year 59.

Q. Was he taken to be a man of worth?

Thomas Woodman . I can say nothing as to his circumstances, though I once arrested him for a small sum; I took his word, and he put in bail accordingly.

James Bigiston . I am an officer, and knew Hine in the year 1751; I always took his circumstances to be very bad, I have had actions against him, but never could catch him; I once had an execution in his house for a small sum.

Robert Sopp returned with notes, a bond, and receipts for money paid for William Sopp , proving his brother was indebted to him to the amount of 90 odd pounds; he said he had more, but could not find them. Being asked if he owed him any debt besides, which was not in these accounts, he answered, he sold him a horse for 12 guineas, which had not been paid; this together made upwards of 100 l.

For the Defendant.

Eleanor Churchman . I have known William Sopp between six and seven years; I lived at Mr. Hine's seven years and upwards, and am related to him; I remember William Sopp coming there often to borrow money, and had it of me when Mr. Hine was not in the way. She is shewn the note.

Q. Do you know this note?

Churchman. I can't write, but can read writing, I can read this; I saw William Sopp give Mr. Hine a note for money, which I saw wrote in his kitchen, and believe it is a little better than three years ago. I believe it was for 50 or 60 l. it was not less I am sure, and I saw Mr. Hine give Sopp money at that time, it was counted on the table in gold and silver; there has been frequent transactions between them for money, before the commission of bankrupcy; Mr. Hine has given me a charge, to desire none of his customers, if they come, to borrow money.

Cross Examined.

Q. Where had you the money?

Churchman. Out of my mistress's purse.

Q. Had he used to lend money on a sabbath-day.

Churchman. Yes, some times

Q. Was this money lent upon the note you mention'd, on a sabbath-day?

Churchman. I don't know that.

Ann Eliot . I know Mr. Hine, and William Sopp ; I live in the Borough, I kept company with William Sopp some years, when he had a wife alive.

Council. Stand down, I will not examine you.

Samuel Cruff . I live in Mint-street. I have known Hine 3 or 4 years; I served my time to a lighterman. but work since with carts for William Sopp ; I can't say I know of any transactions of money passing between them, till after the statute of bankrupcy; they were very great, and very often together.

Thomas Dimmock . I knew Hine ten years, and William Sopp , 16 or 18; I know they had dealings together, before the commission of bankrupcy ; I once saw Sopp sell him a horse, when Sopp has come through Thames-street, 3 or 4 years ago, where I usually am with my cart, he has said, I must go to Hine, I want money ; I have seen him drinking there, and knew him borrow money of Hine, when he has wanted to buy hay.

Robert Stamsby . I am a shoe-maker; I have known Hine about 5 or 6 years, and Sopp about 10, they were very intimate, Sopp has sent me to Hine to borrow money for him, about 4 years ago; and Hine has sent me to Mr. Humphrey's, with a note of hand of Sopp's, to borrow five guineas on that, and his own note. (he is shew'd the note.)

Stamsby. This is the note, but there is an alteration in it.

The note read.

June 17, 1750, I promise to pay to Mr. John Hine , or order, the sum of 70 l. 9 s. for value received, three months after date.

William Sopp .

Stamsby. I heard Seyden say to Hine and Sopp, if they would give his father Maschal ten guineas, and him five, he'd manage it so, that they should never be brought in question, and desired them to keep out of the way, for there were warrants out against them through his means.

Alice King . I have went with Ann Eliot from Sopp to Hine, she has went in and borrow'd money, and I have staid at the door, she has shew'd it me afterwards, and carried it to Sopp.

Charles Humphrey 's. I am a wine-cooper, and live at Lambeth-hill ; and have done ever since I came from Snow-hill, which is 5 or 6 years ago; (he is shewed the note,) I have had this note in my possession 4 or 5 times, and lent money on it with another note of Hine's with it; the first time I had it was June the 6th, 1750. I then lent eight guineas on it.

Cross Examined.

Q. Was you bail for these people?

Humphrey's. I was: his recognizance his read; where it mentions his habitation in Church-lane, White-Chapel.

Robert Lane, and Walter Stanmore , two watermen, deposed, they had carried letters from Hine to Humphrey's, to borrow money for him.

Thomas Harding , and James Gordon , an officer in Queen-street, Surry, and Daniel Fry , gave Hine the character of an honest man.

Guilty .

To stand on the Pillory , and he imprison'd three weeks in Newgate , and after that transported for seven years ,

Ann Ellis and Peter Tickner , convicted in June sessions, Daniel Tagg , convicted in May sessions, and Mary Rimas the last sessions, received his Majesty's pardon, the two first on condition of being transported for life, Tagg for 14 years, and Rimas for seven.

James Hayler and James Gallaher were executed pursuant to their sentence on Monday the 29th of October, and their bodies delivered in at surgeon's hall.

The trials being ended, the court proceeded to give judgment as follows:

Received Sentence of Death 11.

James Hayler , 503. James Gallaher , 506. James Fairbrother , 764. Job. Horniblow, 519. Mark Shields , 521. George Hailey , 522. Isaac Clark , 502. James Jackson , 502. George French , 495. William Edgill, otherwise Elford, 507. Martin Sullivan , 504.

Transportation for 14 Years, 1

Sarah Monger , 478.

Transportation for 7 Years, 30.

Thomas Ireland , 457, Sabati Israel, 458. James Bridges , 459. Alexander Bisset , 460 James Parkinson , 461. Jos. Cooper, 449. Edward Painter , 453. Dorothy Shepherd , 472. John Baxter , 473. Jos. Cunningham 474. Eleanor Roberts , 475. Margaret Mackenzie , 479. Francis Mc Cormick , 492. Priscilla Davis , 493. Edward Jones , 512. Samuel Kendal , 513. Jacob Eurechas Medsketa , 514. Isabella Davis, 415. William Whaley , 465. Ann Bunion , 4 40. William Holt , 442. Thomas Bickerton , 444. Mary Thomas , 446. John Maine , 447. Samuel Sidaway , 459. Richard Atkinson . 450. Mary Wale , 482. Charles Clendon , 466. Lothary Kelly, 505. Esther Springes , 497.

Branded, 2.

Sarah Darby , 456. Joyce Mooney , 471.

Whipt, 7.

John Lampuck , 490. Mary Howell , 480. Christian Harrison , 498. Isabella Lynch, 468. Margaret Crosdell , 511. Ann Smith , 509. Mary Hanford , 445. Martha Fleetwood , 496.

Ann Ellis and Peter Tickner , convicted in June sessions, Daniel Tagg , convicted in May sessions, and Mary Rimas the last sessions, received his Majesty's pardon, the two first on condition of being transported for life, Tagg for 14 years, and Rimas for seven.

James Hayler and James Gallaher were executed pursuant to their sentence on Monday the 29th of October, and their bodies delivered in at surgeon's hall.

John Hine to stand on the pillory at the sessions-house gate, to be imprisoned in Newgate three weeks, and after that transported for 7 years.

A LIST of the ACQUITTED.

John Wood , 439. John Evans , 441. Mary Lay , 443. Margaret Maine , 448. Peter Deleney , 451. Alice McDaniel , 452. William Reice , 455. James Gray , 462. George Mullings , 463. Sarah Oyston , 464. George Darwent, 467. William Bowyer , 469. Jane Fairbrother , 477. Margaret Mackensie , 479. Sarah Howel , 481. Thomas Turning , 483. Richard Bunce , 484. Charles Mahagen , 485. Francis Mahagen , 486. Richard Mooney , 470. John Hambleton , 487. Edward Thompson , 488. John Nelson , 489. Francis Huget , 491. Richard Holmes , 494. James Beauchamp , 499. Mary Thornton , 500. William Stanley , 501. Catharine Montague , 508. Daniel Jones , 510. Margaret Crosdale , 511. Richard Pert , 516. George Croak , 517. Mary Croak , 518. William Fuller , 520.

This Day is publish'd, Price 2 s. 6 d. sewed.

THE APPARATUS: Or, An INTRODUCTION to the ART of BRACHYGRAPHY.

CONTAINING (In a clear and concise Manner) The FIRST PRINCIPLES thereof ;

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